Brian Merriman (Equality Authority) - Student Talk In UCD, Oct 26th 2007

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Information about Brian Merriman (Equality Authority) - Student Talk In UCD, Oct 26th 2007

Published on October 31, 2007

Author: ucdsu

Source: slideshare.net

Description

The presentation given by Brian Merriman of the Equality Authority to assembled UCD students as part of UCDSU's Employment Rights Week on October 26th, 2007.

EA Presentation

The Employment Equality Act, 1998 The Equal Status Act, 2000 The Equality Act 2004 The Role of the Equality Authority

The Employment Equality Act, 1998

The Equal Status Act, 2000

The Equality Act 2004

The Role of the Equality Authority

Rights Based - Right to participate Social Justice - Non - Discrimination Fairness Accommodate Diversity Economic Policy - Human Resources Customer Satisfaction Why Equality?

Rights Based - Right to participate

Social Justice - Non - Discrimination

Fairness

Accommodate Diversity

Economic Policy - Human Resources

Customer Satisfaction

Treaty of Rome 1957 Art. 119 – Equal Pay for Equal Work Anti-Discrimination (Pay) Act, 1974 Employment Equality Act, 1977 Employment Equality Agency History

Treaty of Rome 1957

Art. 119 – Equal Pay for Equal Work

Anti-Discrimination (Pay) Act, 1974

Employment Equality Act, 1977

Employment Equality Agency

Consolidates existing law on Gender, Marital Status & Equal Pay 7 New categories of discrimination Revised structures for redress Equality Authority Amended by Equality Act 2004 (Part 2) Employment Equality Act 1998

Consolidates existing law on Gender,

Marital Status & Equal Pay

7 New categories of discrimination

Revised structures for redress

Equality Authority

Amended by Equality Act 2004 (Part 2)

Established on 18 th October 1999 Expanded Role & Functions 2004 Budget - €3 m+ (Non-pay) Staff of 54 Acts as the Prosecutor in cases The Equality Authority

Established on 18 th October 1999

Expanded Role & Functions

2004 Budget - €3 m+ (Non-pay)

Staff of 54

Acts as the Prosecutor in cases

12 Members 2 Employee Nominees 2 Employer Nominees 8 Ministerial Nominees EA Board

12 Members

2 Employee Nominees

2 Employer Nominees

8 Ministerial Nominees

LEGAL ADMINISTRATION C OMMUNICATIONS DEVELOPMENT RESEARCH Equality Authority

LEGAL

ADMINISTRATION C OMMUNICATIONS

DEVELOPMENT RESEARCH

Elimination of discrimination on 9 grounds Promote equality of opportunity Information Service Legal advice and representation Review & Monitor EA Functions

Elimination of discrimination on 9 grounds

Promote equality of opportunity

Information Service

Legal advice and representation

Review & Monitor

Promote and defend the anti-discrimination rights established in the equality legislation Providing leadership in: Equality Issues Awareness Diversity Mainstreaming Equality Authority Mission

Promote and defend the anti-discrimination

rights established in the equality legislation

Providing leadership in:

Equality Issues

Awareness

Diversity

Mainstreaming

Maternity Protection Acts Adoptive Leave Acts, Parental Leave Acts, Legislation Information

Maternity Protection Acts

Adoptive Leave Acts,

Parental Leave Acts,

- LGB - OLDER PEOPLE - CARERS VISIBILITY WIDER PARTICIPATION SET AGENDA EXPERTISE Advisory Committees

- LGB - OLDER PEOPLE - CARERS

VISIBILITY

WIDER PARTICIPATION

SET AGENDA

EXPERTISE

Section 56 (EEA) Legal Status Eliminate Discrimination & Promote Equality of Opportunity Means of Support Sexual Harassment / Harassment, & Equal Status Codes of Practice

Section 56 (EEA)

Legal Status

Eliminate Discrimination &

Promote Equality of Opportunity

Means of Support

Sexual Harassment / Harassment,

& Equal Status

Equality Reviews & Action Plans AIM - Promote Equality - Eliminate Discrimination - Policies, Practices, Procedures, Perceptions, Structures, Environment EQUALITY AUDITORS Reviews & Action Plans

Equality Reviews & Action Plans

AIM - Promote Equality

- Eliminate Discrimination

- Policies, Practices, Procedures,

Perceptions, Structures, Environment

EQUALITY AUDITORS

Recruitment & Selection Training & Promotion Work-Life Balance Anti-Harassment Equal Opportunity Policies

Recruitment & Selection

Training & Promotion

Work-Life Balance

Anti-Harassment

1. Better staff morale 2. Increased productivity 3. Competitive edge in recruitment 4. Reduced wastage 5. Enhance image 6. Reduced litigation 7. Increased customer access & satisfaction Benefits

1. Better staff morale

2. Increased productivity

3. Competitive edge in recruitment

4. Reduced wastage

5. Enhance image

6. Reduced litigation

7. Increased customer access & satisfaction

GROUNDS OF DISCRIMINATION  Gender  Disability  Marital Status  Membership of the  Family Status Traveller Community  Sexual Orientation  Religion  Age – Training: 15  Race Work: 18 minimum Fixed contracts: over 65 The 9 Grounds

GROUNDS OF DISCRIMINATION

 Gender  Disability

 Marital Status  Membership of the

 Family Status Traveller Community

 Sexual Orientation  Religion

 Age – Training: 15  Race

Work: 18 minimum

Fixed contracts: over 65

Broadly defined to include total or partial absence of bodily or mental facilities, chronic disease, whether manifest or not, and learning and personality conditions. A parent, guardian or other can be the complainant Disability

Broadly defined to include total or partial

absence of bodily or mental facilities,

chronic disease, whether manifest or not,

and learning and personality conditions.

A parent, guardian or other can be the complainant

An employer must take appropriate measures to reasonably accommodate the needs of a person with a disability, unless the employer can show that the cost results in a disproportionate burden. Access, participate or advance, undergo training. Disability

An employer must take appropriate measures to reasonably accommodate the needs of a person with a disability, unless the employer can show that

the cost results in a disproportionate burden.

Access, participate or advance, undergo training.

Effective and practical measures to adopt place of business Adaptations of premises and equipment, patterns of working time, distribution of tasks, provision of training and integration services Does not include treatment, facility, etc. ordinarily and reasonably provided by him/herself. Appropriate measures

Effective and practical measures to adopt place of business

Adaptations of premises and equipment, patterns of working time, distribution of tasks, provision of training and integration services

Does not include treatment, facility, etc. ordinarily and reasonably provided by him/herself.

Having responsibility either as a parent or as a person in loco parentis for someone below 18 years of age or as a parent or resident primary carer for someone over 18 years with a disability who requires a high degree of support and attention Family Status

Having responsibility either as a parent

or as a person in loco parentis for

someone below 18 years of age or as a

parent or resident primary carer for

someone over 18 years with a disability

who requires a high degree of support

and attention

Direct Discrimination Happens where a person is treated less favourably specifically on one of the discriminatory grounds. Direct Discrimination

Direct Discrimination

Happens where a person is treated less

favourably specifically on one of

the discriminatory grounds.

Indirect Discrimination Happens where there is less favourable treatment in effect. It happens where people are refused a service or employment not explicitly on account of a discriminatory reason but because of a practice or requirement which they find harder to satisfy, eg. resident’s requirement Indirect Discrimination

Indirect Discrimination

Happens where there is less favourable

treatment in effect. It happens where

people are refused a service or employment

not explicitly on account of a discriminatory

reason but because of a practice or

requirement which they find harder to

satisfy, eg. resident’s requirement

Discrimination by Association This happens where a person associated with another person is treated less favourably because of that association. Discrimination by Association

Discrimination by Association

This happens where a person associated

with another person is treated less

favourably because of that association.

Prohibited Employment Avails of goods and services Obtains accommodation Educational establishments Harassment/Sexual Harassment

Prohibited

Employment

Avails of goods and services

Obtains accommodation

Educational establishments

WHAT IS SEXUAL HARASSMENT? Where an employer, employee,colleague,customer, client, service provider etc., subjects the victim to   Physical intimacy   Request for sexual favours   spoken words, gestures, display of pictures / material with sexual connotations What is Sexual Harassment?

WHAT IS SEXUAL HARASSMENT?

Where an employer, employee,colleague,customer,

client, service provider etc., subjects the victim to

  Physical intimacy

  Request for sexual favours

  spoken words, gestures,

display of pictures / material

with sexual connotations

WHAT IS HARASSMENT? Harassment occurs where a person subjects the victim to any unwelcome act, request or conduct including spoken words, pictures or other material which is based on any discriminatory ground. Harassment

WHAT IS HARASSMENT?

Harassment occurs where a person

subjects the victim to any unwelcome

act, request or conduct including spoken

words, pictures or other material

which is based on any discriminatory

ground.

1. Violates dignity, creates intimidating, hostile, degrading, humiliating or offensive environment 2. Treated differently because of rejection or submission 3. Regardless of Gender Sexual Harassment / Harassment

1. Violates dignity, creates intimidating, hostile, degrading, humiliating or offensive environment

2. Treated differently because

of rejection or submission

3. Regardless of Gender

Allowed in both Acts Preferential treatment or the taking of positive measures which are bona fide intended to promote equality of opportunity for disadvantaged persons across the nine grounds. Positive Action

Allowed in both Acts

Preferential treatment or the taking of positive measures which are bona fide intended to promote equality of opportunity for disadvantaged persons across the nine grounds.

Specific Provisions of Employment Equality Act 1998 Work - Access, Promotion, Dismissal, Pregnancy Collective Agreements Advertising Employment Agencies Training Trade Unions Professional Associations Self employed Partners Domestic employment Employment Equality Act

Specific Provisions of Employment Equality Act 1998

Work - Access, Promotion, Dismissal, Pregnancy

Collective Agreements

Advertising

Employment Agencies

Training

Trade Unions

Professional Associations

Self employed

Partners

Domestic employment

What is vicarious liability? Employers are obliged to take all reasonable steps to ensure a sexual harassment and harassment free work environment and to prevent discrimination Right to sufficient information Failure : draw inferences

What is vicarious liability?

Employers are obliged to take all reasonable steps to ensure a sexual harassment and harassment free work environment and to prevent discrimination

Right to sufficient information

Failure : draw inferences

What is victimisation? Dismissal or adverse treatment complaint made proceedings notification or taken represent a complainant or support act as comparator act as a witness employee opposes unlawful act

What is victimisation?

Dismissal or adverse treatment

complaint made

proceedings notification or taken

represent a complainant or support

act as comparator

act as a witness

employee opposes unlawful act

Equal remuneration between persons or a group of persons for ‘like work’ Like work is defined as the same, similar or work of equal value Employed by same or associated employer (within 3 years) Term of every employment contract Equal Pay

Equal remuneration between persons or

a group of persons for ‘like work’

Like work is defined as the same,

similar or work of equal value

Employed by same or associated employer (within 3 years)

Term of every employment contract

Employment Equality Act, 1998 Exemptions generally Public Service Employment (Irish) Educational qualifications Occupational qualification Religious ethos Private household (access only) Exemptions Generally

Employment Equality Act, 1998

Exemptions generally

Public Service Employment (Irish)

Educational qualifications

Occupational qualification

Religious ethos

Private household (access only)

EEA Dispute Individual Employer Trade Union Equality Authority Information Advice Questionnaire/Meeting Resolution Process Settlements Legal Challenge

Individual

Employer Trade Union

Equality Authority

Information

Advice

Questionnaire/Meeting

Resolution Process Settlements

Legal Challenge

Hears / mediates cases under: Employment Equality Act 1998 Equal Status Act 2000, Equality Act 2004 Dismissals Time limits: Discrimination & harassment: 6 months (extended by Director to 12 months – Reasonable cause can be appealed to Labour Court) Cases not being pursued can be struck out The Equality Tribunal

Hears / mediates cases under:

Employment Equality Act 1998

Equal Status Act 2000, Equality Act 2004

Dismissals

Time limits:

Discrimination & harassment: 6 months

(extended by Director to 12 months –

Reasonable cause can be appealed to Labour

Court)

Cases not being pursued can be struck out

Equality Mediation Equality Officers Officers Decision Labour Court Circuit Court Awards Pay = 3 years salary Treatment = 2 years salary € 12,700 where the person is not an employee One award only for multiple discrimination ODEI – Equality Tribunal

Equality Mediation Equality Officers

Officers

Decision

Labour Court

Circuit Court

Awards

Pay = 3 years salary

Treatment = 2 years salary

€ 12,700 where the person is not an employee

One award only for multiple discrimination

Amended by the Equality Act 2004 (Part 3) Refers to – goods, facilities, services, accommodation, education Promotes equality Prohibits discrimination Prohibits Sexual Harassment & Harassment Clubs which discriminate Equal Status Act, 2000

Amended by the Equality Act 2004 (Part 3)

Refers to – goods, facilities, services, accommodation, education

Promotes equality

Prohibits discrimination

Prohibits Sexual Harassment

& Harassment

Clubs which discriminate

There are several significant exceptions in the Act – the most important is that anything mandated by an Act of the Oireachtas or EU law is allowed. These exceptions should be read restrictively and should not be allowed to unduly restrict the general prohibition on discrimination Criminal or disorderly conduct Damage to property Exceptions

There are several significant exceptions in

the Act – the most important is that anything

mandated by an Act of the Oireachtas or EU

law is allowed. These exceptions should be

read restrictively and should not be allowed

to unduly restrict the general prohibition on discrimination

Criminal or disorderly conduct

Damage to property

Cosmetic services (physical contact, gender) Insurance (actuarial, statistical data) Religious goods/services Sporting events (gender, age, disability, nationality) Privacy / Embarrassment (gender) Promotion of special interest groups (Bona fide purposes) Drama & entertainment (age, gender, disability, race) Adoption / fostering (age) Wills / gifts Exceptions

Cosmetic services (physical contact, gender)

Insurance (actuarial, statistical data)

Religious goods/services

Sporting events (gender, age, disability, nationality)

Privacy / Embarrassment (gender)

Promotion of special interest groups (Bona fide purposes)

Drama & entertainment (age, gender, disability, race)

Adoption / fostering (age)

Wills / gifts

Prohibited Discrimination Provision of goods, facilities & services to the public Free or sold, hired or exchanged Access to and use of service Goods & Services

Prohibited Discrimination

Provision of goods, facilities &

services to the public

Free or sold, hired or exchanged

Access to and use of service

Banking, insurance, grants, loans Entertainment, recreation & refreshment Cultural activities Transport or travel Clubs Professional trade or service Public Services What is a service?

Banking, insurance, grants, loans

Entertainment, recreation & refreshment

Cultural activities

Transport or travel

Clubs

Professional trade or service

Public Services

No discrimination in : Disposing of an estate Terminating a tenancy Providing accommodation Ceasing to provide accommodation Housing Authorities exempt Accommodation

No discrimination in :

Disposing of an estate

Terminating a tenancy

Providing accommodation

Ceasing to provide accommodation

Housing Authorities exempt

Covers Pre-school Primary Post-primary Adult or further education University Other third level Public / private Educational Establishments

Covers

Pre-school

Primary

Post-primary

Adult or further education

University

Other third level

Public / private

Single sex allowed Religious Training Ethos Non EU fees Residency Scholarship grants Mature student schemes Sporting facilities & events (gender, age, disability) Disability mainstreaming Education Exemptions

Single sex allowed

Religious Training

Ethos

Non EU fees

Residency

Scholarship grants

Mature student schemes

Sporting facilities & events (gender, age, disability)

Disability mainstreaming

Bodies registered under Registration of Clubs Act, 1904 to 1999 (to sell alcohol) Discriminating club: Rules, policy or practice Management discriminates as regards membership, terms and conditions District Court declaration Discriminating Clubs

Bodies registered under Registration of Clubs Act, 1904 to 1999 (to sell alcohol)

Discriminating club:

Rules, policy or practice

Management discriminates as regards membership, terms and conditions

District Court declaration

1 st complaint - Suspension up to 30days 2 nd complaint - No renewal of certificate No disadvantage to employees Appeal to Circuit Court Declaration no longer discriminatory body 2004 – Gender 72.7% of cases Remedies

1 st complaint - Suspension up to 30days

2 nd complaint - No renewal of certificate

No disadvantage to employees

Appeal to Circuit Court

Declaration no longer discriminatory body

2004 – Gender 72.7% of cases

Intoxicating Liquor Act 2003 10 cases in 2004 (6 on disability) District Court Legal Representation Licensed Premises

Intoxicating Liquor Act 2003

10 cases in 2004 (6 on disability)

District Court

Legal Representation

Broadly defined to include total or partial absence of bodily or mental facilities, chronic disease, whether manifest or not, and learning and personality conditions. An employer must do all that is reasonable to accommodate the needs of a person with a disability, unless the employer can show that there is a cost other than a nominal cost. Disability

Broadly defined to include total or partial absence of bodily or mental facilities, chronic disease, whether manifest or not, and learning and personality conditions.

An employer must do all that is reasonable to accommodate the needs of a person with a disability, unless the employer can show that there is a cost other than a nominal cost.

Individual Service provider – in writing EA assist (2 months) ODEI – The Equality Tribunal (within 6 months) € 6349 and/or course of action Making a claim

Individual

Service provider – in writing

EA assist

(2 months)

ODEI – The Equality Tribunal

(within 6 months)

€ 6349 and/or course of action

Equality Authority -v - Ryanair Advertisement – “ we need a young and dynamic professional” “ ideal candidate will be young and dynamic” Equality Officer – middle -aged or old were excluded from qualification for the position = discrimination Award = £8,000 + equal opps. policy Employment Equality Act 1998

Equality Authority -v - Ryanair

Advertisement –

“ we need a young and dynamic professional”

“ ideal candidate will be young and dynamic”

Equality Officer – middle -aged or old were excluded

from qualification for the position = discrimination

Award = £8,000 + equal opps. policy

Keane -v - CERT Female trainees obliged to wear a standard female uniform of black dress, short sleeves and white apron to job interviews Male trainees wear a standard male uniform of trousers, long -sleeved shirt and waistcoat “ Overtones of subservience”. Equality Officer – no objective reason, uniform uncomfortable, inappropriate & demeaning £3,000 & revise design Employment Equality Act 1998

Keane -v - CERT

Female trainees obliged to wear a standard female uniform of black dress, short sleeves and white

apron to job interviews

Male trainees wear a standard male uniform of trousers, long -sleeved shirt and waistcoat

“ Overtones of subservience”.

Equality Officer – no objective reason, uniform uncomfortable, inappropriate & demeaning

£3,000 & revise design

Mc Carthy -v - Dublin Corporation Successful discrimination case in 1996 Claimant alleged victimisation   not spoken to by manager over 3 year period   exclusion in work & socially Equality Officer   £40,000 & Positive action programme Employment Equality Act 1998

Mc Carthy -v - Dublin Corporation

Successful discrimination case in 1996

Claimant alleged victimisation

  not spoken to by manager over 3 year period

  exclusion in work & socially

Equality Officer

  £40,000 & Positive action programme

A Worker -v- A Company Epilepsy – controlled by medication Permanent position – medical exam Dismissal – work environment posed dangers No reasonable accommodation Award = £15,000 Employment Equality Act 1998

A Worker -v- A Company

Epilepsy – controlled by medication

Permanent position – medical exam

Dismissal – work environment posed dangers

No reasonable accommodation

Award = £15,000

Complainant -v - A Department Store Alleged Discrimination – imputation of disability Applied for a position – not successful Sought advice from EA Continued to apply for jobs within Store Employer would not consider application while claimant making representations to EA Equality Officer – Victimisation Exercising rights without victimisation Employment Equality Act 1998

Complainant -v - A Department Store

Alleged Discrimination – imputation of disability

Applied for a position – not successful

Sought advice from EA

Continued to apply for jobs within Store

Employer would not consider application while claimant making representations to EA

Equality Officer – Victimisation

Exercising rights without victimisation

Discrimination by association Traveller / non-Traveller Quota System – no similar system for settled community Regular only – refuse service to Travellers No blanket ban on parents with children Tesco Ltd. – Traveller told to leave premises Equal Status Act 2000

Discrimination by association

Traveller / non-Traveller

Quota System – no similar system for settled

community

Regular only – refuse service to Travellers

No blanket ban on parents with children

Tesco Ltd. – Traveller told to leave

premises

O’ Reilly -v- Q Bar Celebrate Wedding anniversary 72 year old man Refused entry at door Embarrassment & humiliation Witnessed 20’s and 30’s entering premises Refusal based on age = discrimination Awarded €1,000 + sign in club Equal Status Act 2000

O’ Reilly -v- Q Bar

Celebrate Wedding anniversary

72 year old man

Refused entry at door

Embarrassment & humiliation

Witnessed 20’s and 30’s entering premises

Refusal based on age = discrimination

Awarded €1,000 + sign in club

Ross v Royal and Sun Alliance Complete refusal of motor insurance quotation based solely on a person’s age was not acceptable Award: €2000 Equal Status Act 2000

Ross v Royal and Sun Alliance

Complete refusal of motor insurance quotation based solely on a person’s age was not acceptable

Award: €2000

Roche -v- Madigans Visually impaired with guide dog No access Contrary to Food hygiene Regulations for dog in pub that serves food No accommodation “dog stay at the door while claimant had refreshments” Guide dog exempt from regulations Unable to avail of service = discrimination Equal Status Act 2000

Roche -v- Madigans

Visually impaired with guide dog

No access

Contrary to Food hygiene Regulations for dog in pub that serves food

No accommodation “dog stay at the door while claimant had refreshments”

Guide dog exempt from regulations

Unable to avail of service = discrimination

2004 2005 Working conditions 111 (30%) (Race 49.1%) 30.6% Access 63 (17%) 20.3% Dismissal 58 (15.7%) 13.9% Race (31.9%) 32% Gender (23.8%) 19.5% Disability (16.2%) 15% Age (11.4%) av. €25,000 12.5% Female teacher awarded €10,000 for discrimination and €117,000 for victimisation in promotion to Principal of boy’s school – McGinn v’s St. Anthony’s National School`. Employment Issues

2004 2005

Working conditions 111 (30%) (Race 49.1%) 30.6%

Access 63 (17%) 20.3%

Dismissal 58 (15.7%) 13.9%

Race (31.9%) 32%

Gender (23.8%) 19.5%

Disability (16.2%) 15%

Age (11.4%) av. €25,000 12.5%

Female teacher awarded €10,000 for discrimination and €117,000 for victimisation in promotion to Principal of boy’s school – McGinn v’s St. Anthony’s National School`.

2004 (509) 2005 (358) Traveller 35.4% 29% Accommodation / Licensed Premises, education Disability 24.2% 26.25% Accommodation, education (1 st & 2 nd ), Licensed premises, State, Health, Transport Race 12.2% 13.75% Education (3 rd ), Health, Transport, State Gender 8.0% 10.0% Clubs, education (1 st ), State Age 8.0% 6.8% State, Motor & Travel Insurance, Transport Equal Status Issues

2004 (509) 2005 (358)

Traveller 35.4% 29%

Accommodation / Licensed Premises, education

Disability 24.2% 26.25%

Accommodation, education (1 st & 2 nd ), Licensed premises, State, Health, Transport

Race 12.2% 13.75%

Education (3 rd ), Health, Transport, State

Gender 8.0% 10.0%

Clubs, education (1 st ), State

Age 8.0% 6.8%

State, Motor & Travel Insurance, Transport

Equality Authority Equality Authority 2 Clonmel Street Dublin 2 Tel: 01 - 4173333 Lo Call: 1890 - 245545 Text Phone: 01 - 4173385 Fax: 01 - 4173366 Email: info@equality.ie Website: www.equality.ie Claims and cases: www.equality tribunal.ie

Equality Authority

2 Clonmel Street

Dublin 2

Tel: 01 - 4173333

Lo Call: 1890 - 245545

Text Phone: 01 - 4173385

Fax: 01 - 4173366

Email: info@equality.ie

Website: www.equality.ie

Claims and cases: www.equality tribunal.ie

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