Ireland
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of a protected characteristic are the Employment Equality Acts of 1998 to 2015.
Employers have an obligation, under the Safety, Health and Welfare Act 2005 (No. 10 of 2005), to take measures necessary to protect employees’ safety, health and welfare. This obligation has been interpreted to require employers to prevent workplace bullying.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Ireland.
- Gender (male, female, transgender or nonbinary)
- Civil status
- Family status
- Sexual orientation
- Religious belief
- Age
- Disability
- Race (including nationality, colour or ethnic or national origin)
- Membership in the Traveller community
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Harassment
Harassments is unwanted conduct related to a protected characteristic which has the purpose or effect of violating a person’s dignity and creating
an intimidating, degrading, humiliating or offensive environment
for the person.
Sexual Harassment
Sexual harassment is unwanted verbal, non-verbal or physical conduct which:
- is of a sexual nature or relates to gender, and
- has the purpose or effect of violating a person’s dignity and creating an intimidating, degrading, humiliating or offensive environment for the person.
Bullying
Bullying is:
- repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise,
- conducted by one or more persons against another or others,
- at the place of work and/or in the course of employment,
- which could be reasonably regarded as undermining the individual’s right to dignity at work.
Filing a Claim in Ireland
A complaint related to employment discrimination or harassment may be filed with the Workplace Relations Commission.
A complaint related to gender-based discrimination or harassment may also be filed in the Circuit Court.
A complaint related to bullying that is not related to a protected characteristic may be filed with the Health and Safety Authority.
Potential Remedies
In Ireland, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.