Migrant workers are protected against discrimination in the employment field under the Employment Equality Act 1998. The Act prohibits direct and indirect discrimination on a number of grounds including: gender, race, colour, nationality, ethnic or national origins and religion. Direct discrimination is defined by section 6 as less favourable treatment than another would receive on any of the grounds listed. Indirect discrimination defined in section 31 occurs when requirements, practices or policies have a discriminatory impact on one of the groups listed in the Act.

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Migrant workers are protected against discrimination in the employment field under the Employment Equality Act 1998. The Act prohibits direct and indirect discrimination on a number of grounds including: gender, race, colour, nationality, ethnic or national origins and religion. Direct discrimination is defined by section 6 as less favourable treatment than another would receive on any of the grounds listed. Indirect discrimination defined in section 31 occurs when requirements, practices or policies have a discriminatory impact on one of the groups listed in the Act.

An Equality Authority was set up under the act and provides legal advice, and assistance and representation to persons who believe they have been discriminated against under the legislation. If a person is still in employment and believes they have been discriminated against on one of the listed grounds they may make a complaint to the ODEI-Equality Tribunal. The ODEI is an independent body, established under the EEA 1998 and Equal Status Act 2000 that investigates claims of discrimination by providing mediation service. When persons refer complaints to this body they must complete a complaints form, other arrangements may be made for those who are unable to do so. The person who is making a complaint may also write directly to the employer they believe has discriminated against them to clarify the situation. Complaints of discrimination are referred to Equality Officers within the equality Tribunal. Remedies available include: equal pay cases, an order for equal pay and payment for up to three years. In equal treatment cases an order for equal treatment and compensation may be awarded. In dismissal cases reinstatement and further compensation may be ordered under the Act. If the migrant worker has already been dismissed they may make a complaint to the Labour Court. Applications must be made within six months from the discrimination incident, the application form itself can be downloaded from the Labour Court web site.

All migrants in the Republic of Ireland would be protected by the Equal Status Act 2000. This piece of legislation prohibitions discrimination on an extensive list of grounds, including race, gender and in the provision of goods and services under section 3. This would include education (section 7) and the provision of accommodation (section 6). There are exceptions included in section 7 in relation to education provided in single gender schools, or to provide religious training, or education in an environment promoting certain religious values. Further differential treatment is allowed under section 7 in relation to the payment of fees and the offer of assistance to non-nationals however these are to be without prejudice to the Refugee Act 1996 which provides for equal access to education and training for refugees. In order to make a claim under the act individuals must notify the person concerned of the alleged discrimination within two months unless exceptional circumstances apply. Two forms of redress may be ordered under the Act, either compensation or requiring a specific course of action of the discriminator.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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