CURRENT LEGAL ARTICLES

  

  

At Green & Associates Solicitors, we understand that balancing professional life with family responsibility is a common challenge. No one should face unfair treatment or disadvantage because of their family situation. Irish law provides strong protections against discrimination based on family status, ensuring that your family choices do not become a barrier to equality. 

This guide will explain what constitutes family status discrimination under Irish law and how our experienced legal team can support you if you believe your rights have been violated. 

What is Family Status Discrimination? 

Under Irish equality legislation, “family status” protects you based on your role in relation to children. Specifically, it refers to a person who: 

● Is a parent of a person under 18 years of age 

● Is a parent of a person over 18 years of age with a disability that requires ongoing care

● Is not a parent but is providing full-time care or has primary responsibility for children under 18 years of age. 

Discrimination based on the family status means treating someone less favourably than another person in a comparable situation because of their family responsibilities or status. 

Where is Family Status Discrimination Prohibited? 

The two primary pieces of legislation safeguarding against discrimination based on family status in Ireland are: 

1. The Employment Equality Acts 1998-2015: These Acts make it unlawful for employers to discriminate against employees, job applicants,      or contract workers due to their family status. This covers all aspects of      employment, including: 

● Recruitment, promotion, and selection processes

● Terms and conditions of employment, including flexible working arrangements

● Training and career development opportunities

● Remuneration (pay and benefits) 

● Dismissal or redundancy

● Protection from harassment related to family status

1. The Equal Status Acts 2000-2018: These Acts extend protection beyond the workplace. They prohibit discrimination based on family status when you are: 

● Accessing goods, services, or facilities (e.g., insurance, banking, leisure facilities)

● Seeking or renting accommodation 

● Engaging with educational institutions 

Recognising Family Status Discrimination

Discrimination based on family status can be subtle or overt. Here are some common scenarios: 

● Refusal of Flexible Work: An employer refusing a reasonable request for flexible working hours (e.g., part-time work, adjusted start/finish times) from a parent, without a strong, objective business justification. 

● Promotion Bypass: A parent is being overlooked for a promotion because of assumptions about their availability or commitment due to their childcare responsibilities.

● Unfair Dismissal: A parent being made redundant shortly after returning from parental leave, where the redundancy is directly linked to their family status rather than legitimate business reasons. 

● Access to Services: A service provider denying access or offering less favourable terms to an individual because they have children. 

● Harassment: Being subjected to negative comments or behaviour in the workplace related to your parental or caregiving responsibilities. 

Both direct discrimination (explicitly treating a parent worse than a non-parent) and indirect discrimination (a neutral policy that disproportionately impacts parents, such as a rigid attendance policy that penalises those with childcare needs) are prohibited. 

How Green& Associates Can Help You

If you believe you have experienced discrimination based on your family status, understanding and asserting your rights can be a complex and emotional process. At Green&Associates, we are committed to providing you with expert legal advice and robust representation. 

Our Services Include: 

1. Thorough Case Evaluation: We will listen carefully to your experience, assess the specifics of your situation, and advise you on the strength of your claim under Irish equality law. 
2. Strategic Guidance: We will provide clear, practical legal advice, outlining your options and guiding you through each step of the legal process. 
3. Claim preparation and Submission: Our team will meticulously prepare and file your complaint with the relevant body,      typically the Workplace Relations      Commission (WRC), ensuring all deadlines and procedural requirements are strictly adhered to. 
4. Expert Representation: We will represent you during mediation or adjudication hearings at the WRC, powerfully advocating on your behalf to achieve the best possible outcome. 
5. Seeking Appropriate Redress: We will work diligently to secure a fair resolution, which may include compensation for financial loss and emotional distress, an order for equal treatment, or a declaration of discrimination. 

Protect Your Family, Protect Your Rights

You should not have to choose between your career and your family. If you have been treated unfairly due to your family status, it is vital to seek legal advice promptly, as strict time limits apply to all discrimination claims (6 months) 

Contact Green&Associatestoday for a confidential consultation. Let us help you understand your rights and support you in achieving the resolution you deserve.