New legislation to make employers take positive steps to promote equal rights in the workplace has been called for by the Equality Authority.It says that despite laws prohibiting it, workplace discrimination continues in a range of areas.
Gender discrimination, for example, persists in spite of nearly three decades of legislation in this area.
"Major issues include pregnancy-related discrimination, sexual harassment, discrimination in promotion and equal pay," the authority says.
It adds that there has been a "remarkable growth" in the number of its case files dealing with discrimination in the workplace on the grounds of race.
"At the heart of this growth is a range of difficult experiences of migrant workers, including excessive working hours, discriminatory dismissal, being paid less than their Irish counterparts and not being given access to legal entitlements."
In a submission to the Forum on the Workplace of the Future, the authority calls for the development of new equality legislation.
The forum was established by the National Centre for Partnership and Performance, at the request of the Government.
Its work, to be carried on over the next year, will examine how the workplace can best be modernised to meet the changing needs of workers, employers and the economy.
In its submission, the Equality Authority says current anti-discrimination laws focus on prohibition.
The fact that discrimination persists presents a challenge to ensure the current legislation is maintained and adequately implemented.
"It also presents a challenge to evolve the legislation towards what is being referred to in other jurisdictions as a new generation of equality legislation," it says.
This type of legislation seeks to ensure not only that discrimination is prohibited, but that equality is proactively pursued.
New legislation, the authority says, could involve placing a statutory duty on the public sector to have due regard to equality in carrying out its functions.
Positive duties to promote equality could also be placed on the private sector, its submission adds.
The authority cites the Fair Employment Act of Northern Ireland as an example of legislation placing positive obligations on employers.
The act requires employers to ensure they have a fair proportion of Catholics and Protestants in their workforce.
In a submission to the forum, FÁS, the State training and employment agency, says increasing female participation in the labour force will require a greater commitment to flexible, family-friendly work arrangements. It also calls for continued efforts to increase employment opportunities for people with disabilities.
The Irish Wheelchair Association, in its submission, says US studies have found that the vast majority of changes to make workplaces more accessible to people with disabilities have no cost implications.
