1. Introduction

The family status ground under Section 6(2)(c) of the Employment Equality Acts 1998 to 2015 protects employees from discrimination by reason of their status as the parent of a child, the parent or resident primary carer of a person with a disability, or a similar caring responsibility.

This article considers the scope of the family status ground, its overlap with the gender ground (which often produces parallel pregnancy and maternity complaints), and the practical application of the protection in the modern workplace.

2. Legislation and Case Law

Section 2(1) of the Acts defines family status to include being a parent of a person under 18, being a parent or resident primary carer of a person with a disability who requires care or support on a continuing basis, or being in a relationship of guardianship in respect of a person under 18.

Section 8 prohibits discrimination on family status grounds in access to employment, conditions of employment, training, promotion and classification of posts.

In Inoue v NBK Designs EED0212, the Labour Court considered the interaction between family status and indirect discrimination, recognising that working time arrangements that disadvantage parents may amount to indirect discrimination on gender grounds in addition to direct discrimination on family status grounds.

The Work Life Balance and Miscellaneous Provisions Act 2023 has added further procedural protections by introducing a statutory right to request flexible working arrangements, complementing the substantive protections of the 1998 Acts. 

3. Decision

The WRC will examine whether the complainant’s family status was a factor in the impugned decision. Adverse treatment on returning from parental or carer’s leave, denial of flexible working arrangements without consideration, or remarks about a parent’s commitment to work may all give rise to inferences of discrimination.

The burden of proof framework in Section 85A applies, and respondents must provide a credible non-discriminatory explanation for the treatment complained of.

Compensation up to two years’ remuneration is available under Section 82(4).

4. Takeaway

Employers should treat requests for flexible working, parental leave and carer’s leave consistently with statutory entitlements and internal policy. Refusals should be based on operational reasons and recorded in writing.

Complainants should document any adverse changes following a request for family-related leave or flexible working, and should preserve email and other communications that may indicate the influence of family status on managerial decisions. 

5. Further information

This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.

6. About Crushell & Co

Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.

We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.

Connect: @CrushellLaw or www.crushell.ie