Domestic workers are to be entitled to the same protection against discrimination as other employees after new legislation was enacted yesterday.
The Equality Act also provides increased protection for other workers, including those with disabilities, as well as dealing with discrimination outside the workplace.
Its enactment means that all outstanding EU equality directives have now been transposed into Irish law, the Department of Justice, Equality and Law Reform said in a statement. The new legislation was welcomed by the Equality Authority, which said measures were now in place to achieve full equality in practice.
The Act provides for amendments to both the Employment Equality Act and the Equal Status Act, strengthening the provisions of both.
Domestic workers, who had been excluded from the terms of the Employment Equality Act, are now protected by its provisions in common with other employees.
The Equality Authority chief executive, Mr Niall Crowley, said employers would still be able to discriminate when hiring domestic workers. However, the new Act did respond to "many of the serious experiences brought forward by migrant workers in domestic employment", he said.
Mr Crowley also highlighted as of particular importance a new requirement on employers to ensure people with disabilities had access to employment and training, and opportunities to advance, unless this would impose a disproportionate burden.
This was a significant improvement on the previous provisions which allowed an exemption if the cost involved was more than nominal, he said. Mr Crowley said the Act also included a new definition of positive action, which was "quite dramatic" in terms of facilitating full equality in practice in workplaces.
Amendments to the Equal Status Act include a provision shifting the evidential burden of proof from the complainant to the respondent once a prima facie case has been established.
Announcing the enactment of the legislation, the Minister for Justice, Mr McDowell, said it would facilitate ongoing efforts to eradicate discrimination from the workplace and society at large.
