Irish Equality Acts 1998-2011

Critically evaluate the effectiveness of the relevant provisions of the Employment Equality Acts 1998-2011 (and their predecessors) in eliminating pay discrimination on the ground of gender within the workplace and thus reducing the gender pay gap.

The European Union is founded upon core values including respect for human dignity, freedom and equality between men and women. This equality extends to the workplace where both men and women are entitled to equal conditions of employment and pay. Articles 20 and 23 of the charter of fundamental rights similarly states that all persons are equal before the law and that equality between men and women must be ensured in all areas “including employment, work and pay.” Despite this the average hourly gender pay gap within the European Union stands at 17.1% but varies from 6%- 34% depending on the member state[1]. In an attempt to close the gender pay gap in the European Union, various legislation has been drafted and implemented over the previous forty years. The right to equal pay is set out in Article 157TFEU(formerly Art 141,Art 119) which expressed that “each member state shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value shall be applied”. The subsequent legislation for preventing discrimination in the workplace was incorporated into Irish law by means of the Anti-Discrimination (pay) act 1974 and the Employment Equality act 1977. The jurisprudence for the right to equal pay is the landmark case of Defrenne v Sabena[2] which saw the European court of justice establish that the right to equal pay was legally binding in agreeing that the complainant’s right to equal pay derived directly from Article 119(now Art 157TFEU). The law in Ireland is now governed exclusively by the Employment Equality acts 1998-2004 which replaced the acts of 1974 and 1977. Article 8 of the Treaty on the functioning of the European Union states that in all its activities the

References: [1] European Gender Equality Law Review-No.1/2011 [2] Defrenne v Sabena (1976) ECR 455(C-43/75) [3] Gillespie v Health and Social Services Board (1996) ECR 475 [4] Principles of Irish Employment Law: Brenda Daly, Michael Doherty 2010, Page 111. [5] Nathan Bailey v Gibson (1998) 2 IR 162 [6] (1986) ECR 1607 [7] Employment Law in Ireland: Maeve Regan, page 459 published May 2009 [8] (1992) IRLR 423 [9] North Western Health board v McKenna(Case C-191/03) [10] Principles of Irish Employment Law: Brenda Daly, Michael Doherty, 2010, p160 [11] Department of Posts and Telegraphs v Kennefick EP 9/1979 [12] Case C-309/97 (1999) ECR 2865 [13] Dowdall O’Mahony v female employees EP2/1987 [14] (1996) ELR 147 [15] (1986) C-170/84 [16] (2005) SC IE 40 [17] (2008) ELR 140 [18] (1993) ELR 1-5535