Discrimination Claims
Were You Discriminated Against at Work?
Employment equality law protects you from being treated less favourably because of who you are, in hiring, pay, promotion, working conditions, and dismissal. It also protects you from harassment and from being penalised for making a complaint.
Discrimination is unlawful on nine protected grounds. You may have a claim if you were treated less favourably because of:
- Gender, including pregnancy and maternity
- Age or disability
- Race, ethnicity or nationality
- Family status or civil status
- Sexual orientation, religion, or membership of the Traveller community
Time limits apply - complaints must normally be brought within 6 months of the last act of discrimination.
What You May Be Entitled To
Compensation for discrimination can be up to 2 years' remuneration, and unlike unfair dismissal it is not limited to your financial loss - it compensates for the effects of the discrimination itself. The WRC can also order your employer to take specific corrective action. Many claims settle before ever reaching a hearing.
Discrimination Solicitor Dublin
Expert legal advice on workplace discrimination claims under Irish employment law.
If you’ve been treated less favourably due to your gender, race, age, disability, or any other protected ground, our Dublin based employment solicitors can advise on your rights and guide you through the claims process.
The Employment Equality Acts prohibit direct and indirect discrimination across nine protected grounds, gender, marital status, family status, sexual orientation, religion, age, disability, race, and membership of the Traveller community.
Protection applies to all aspects of employment, from recruitment and pay to promotion and dismissal.
Our Process
1. Identify the Ground
We assess which of the nine protected grounds applies to your situation and whether the treatment you’ve experienced amounts to direct discrimination, indirect discrimination, or harassment.
2. Establish a Prima Facie Case
To shift the burden of proof to your employer, you must first establish facts of sufficient significance from which discrimination can be inferred. We help you build that factual foundation.
3. Raise It With Your Employer
Employers should be given an opportunity to address the issue through internal procedures before a formal complaint is made. We advise on the best approach to protect your position.
4. Bring Your Claim
If the matter isn’t resolved, we submit your complaint to the Workplace Relations Commission and represent you through the adjudication process.
Evaluate & Improvement
Discrimination occurs where a person is treated less favourably than another person in a comparable situation on any of the nine protected grounds.
Importantly, intention is often irrelevant, if the effect of the treatment is unfavourable, it can constitute direct discrimination even where the employer’s reasons were not overtly discriminatory.
For indirect discrimination, the facts relied upon must have a credible basis and cannot be built on speculation or unsupported assertions.
Once a prima facie case is established, the burden of proof shifts to the employer to show that discrimination did not occur.
This shifting of the burden is particularly significant in cases involving race or other grounds where overt evidence of discrimination may be difficult to obtain.
NINE GROUNDS
Gender, marital status, family status, sexual orientation, religion, age, disability, race, and ethnic background are all protected.
BURDEN OF PROOF
Once you establish facts from which discrimination can be inferred, the burden shifts to the employer to prove it didn't occur.
HARASSMENT
Any unwanted conduct related to a protected ground that violates a person's dignity or creates a hostile, degrading, or offensive environment.
Frequently Asked Questions
Understanding Discrimination
- Direct discrimination, less favourable treatment on a protected ground
- Indirect discrimination, a neutral policy or practice that disproportionately affects a protected group
- Intention is often irrelevant, the effect of the treatment is what matters
- Harassment related to any protected ground is also covered
Building Your Case
- Facts must be of sufficient significance to raise an inference of discrimination
- A credible comparator is essential, someone in a similar position treated more favourably
- Speculation or unsupported assertions will not meet the threshold
- Once prima facie evidence is established, the burden shifts to the employer
Your Employer's Response
- Employer should be given opportunity to address the issue internally
- The employer must then demonstrate that discrimination did not occur
- Non discriminatory reasons for the treatment may be offered as a defence
- Failure to provide a credible explanation strengthens the employee’s case
Gather More Information
Do You Have a Case?
90% of our clients' claims succeed. Get a straight answer on where you stand.
Get In TouchTime limits apply to most employment claims.
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Straight answers, in three steps
Most people have never needed a solicitor before. Here is exactly what happens when you contact us.
Tell Us What Happened
Send the form or call us. We listen, ask the right questions, and give you a straight answer on whether you have a case worth pursuing.
Agree The Plan Of Action
We set out exactly how your case will run and what to expect at each stage, all agreed in writing before anything begins. WRC claims usually must be lodged within six months, so we move quickly.
We Pursue Your Claim
Negotiation first, then the WRC, Labour Court or civil courts if needed. Most of our clients settle without ever facing a hearing.