If you believe you have been treated unfairly at work because of who you are, your personal circumstances, or a protected characteristic, you may have a discrimination or equality claim.
Workplace discrimination can be upsetting, stressful and difficult to challenge. You may be unsure whether what happened is unlawful, whether you have enough evidence, or whether raising a complaint will affect your job.
At Orpen Franks LLP, we advise employees on workplace discrimination, equality claims, harassment, sexual harassment, victimisation, WRC complaints and employment rights in Ireland.
If you are looking for a discrimination solicitor in Ireland, we can listen to what has happened, explain your rights and help you decide what steps to take next.
If you believe you have been discriminated against at work, speak to Orpen Franks LLP for clear, confidential advice about your options.
Quick Answer: What Can I Do If I Am Being Discriminated Against at Work?
If you believe you are being discriminated against at work, you should keep records of what happened, check whether the treatment may be connected to a protected ground, consider raising the issue internally and get legal advice as early as possible.
Discrimination at work may involve unfair treatment connected to gender, civil status, family status, sexual orientation, religion, age, disability, race, membership of the Traveller community, or other protected areas under equality law.
Depending on what happened, you may be able to bring an equality claim to the Workplace Relations Commission, often called the WRC.
At Orpen Franks LLP, we can help you understand whether the treatment may amount to discrimination, harassment, sexual harassment or victimisation, and advise you on the best way to protect your position.
What Is Workplace Discrimination?
Workplace discrimination happens where an employee is treated less favourably because of a protected ground.
Discrimination may happen during recruitment, promotion, pay decisions, work allocation, training, disciplinary processes, redundancy, dismissal, workplace complaints or day-to-day treatment at work.
Examples may include:
- Being refused promotion because of your age
- Being treated badly after announcing a pregnancy
- Being excluded because of your race or nationality
- Being denied reasonable accommodation for a disability
- Being treated differently because of family responsibilities
- Being subjected to comments about your religion or background
- Being disciplined more harshly than other employees
- Being paid less for discriminatory reasons
- Being dismissed after raising equality concerns
- Being ignored or isolated because of a protected characteristic
Discrimination is not always obvious. It can be direct, indirect, subtle, repeated or hidden behind another explanation.
If something feels unfair and you believe it may be connected to a protected ground, it is worth getting advice.
What Are the Protected Grounds in Employment Equality Claims?
Employment equality law protects employees from discrimination on specific protected grounds.
These include:
- Gender
- Civil status
- Family status
- Sexual orientation
- Religion
- Age
- Disability
- Race
- Membership of the Traveller community
Discrimination connected to any of these grounds may give rise to an equality claim, depending on the facts.
If you are unsure whether your situation falls within one of these grounds, Orpen Franks LLP can advise you.
Types of Discrimination at Work
Discrimination can take different forms. Understanding the type of discrimination can help you decide what to do next.
1. Direct Discrimination
Direct discrimination happens where you are treated less favourably than another person because of a protected ground.
For example, this may include being denied promotion because of pregnancy, age, race, disability, religion or family status.
2. Indirect Discrimination
Indirect discrimination can happen where a workplace rule, policy or practice appears neutral but disadvantages people connected to a protected ground.
For example, a working pattern, attendance requirement or promotion rule may indirectly discriminate against employees with caring responsibilities or a disability.
3. Harassment
Harassment is unwanted conduct connected to a protected ground that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
This may include offensive jokes, comments, messages, exclusion, intimidation or repeated inappropriate behaviour.
4. Sexual Harassment
Sexual harassment involves unwanted conduct of a sexual nature. It may include sexual comments, unwanted touching, inappropriate messages, sexual jokes, pressure for dates, or other conduct that makes the workplace uncomfortable or unsafe.
5. Victimisation
Victimisation can happen where you are treated badly because you made a discrimination complaint, supported someone else’s complaint, raised equality concerns or tried to exercise your employment equality rights.
When Should I Speak to a Solicitor About Discrimination at Work?
You should consider getting advice as early as possible if you believe you have been discriminated against, harassed, sexually harassed or victimised at work.
This is especially important if:
- You are thinking about making a complaint.
- You have already complained and nothing has changed.
- You are being treated badly after raising equality concerns.
- You have been denied promotion or training.
- You have been disciplined or dismissed unfairly.
- You are being excluded, isolated or undermined.
- You have been refused reasonable accommodation for a disability.
- You are being treated badly because of pregnancy or family responsibilities.
- You are experiencing racist, sexist, homophobic, age-related or disability-related comments.
- You are considering resigning.
- You are worried about a WRC time limit.
- You have received a settlement agreement.
Early advice can help you understand whether you may have a claim and how to protect your position.
Disability Discrimination and Reasonable Accommodation
Disability discrimination is a common issue in employment equality claims.
Employers may have obligations to consider reasonable accommodation for employees with disabilities. This may involve practical changes to help an employee do their job, depending on the circumstances.
Reasonable accommodation may include:
- Adjusted duties
- Changes to working hours
- Remote or hybrid working arrangements
- Modified equipment
- Changes to workplace procedures
- Additional support or training
- Adjustments to performance targets
- Time off for medical appointments
- A phased return to work
If your employer refuses to consider reasonable accommodation, ignores medical information, or treats you unfairly because of a disability, you should get advice.
Pregnancy, Maternity and Family Status Discrimination
Employees may also face discrimination connected to pregnancy, maternity leave, parenting responsibilities or family status.
Examples may include:
- Being treated badly after announcing pregnancy
- Being excluded from opportunities during maternity leave
- Being selected for redundancy because of pregnancy or maternity leave
- Being refused flexible working for discriminatory reasons
- Being criticised for childcare responsibilities
- Being demoted after returning from maternity leave
- Being denied promotion because of family status
- Being pressured to resign because of pregnancy or caregiving responsibilities
This kind of treatment may give rise to an equality claim or other employment law claim.
If you are worried about pregnancy, maternity or family status discrimination, Orpen Franks LLP can advise you.
Race, Nationality and Religion Discrimination at Work
Discrimination connected to race, nationality, ethnic background or religion can happen in many ways.
Examples may include:
- Racist comments or jokes
- Different treatment because of nationality or background
- Being excluded from workplace opportunities
- Being disciplined more harshly than others
- Being told not to speak your language without good reason
- Comments about religious dress or practices
- Refusal to consider religious observance needs
- Harassment by colleagues, managers, clients or customers
- Being overlooked for promotion for discriminatory reasons
Employers should take complaints of racial, ethnic or religious discrimination seriously and deal with them fairly.
Age Discrimination at Work
Age discrimination may affect younger or older employees.
Examples may include:
- Being told you are too young or too old for a role
- Being refused promotion because of age
- Being pressured to retire
- Being excluded from training or development
- Being selected for redundancy because of age
- Being stereotyped because of your age
- Being subjected to age-related comments or jokes
If you believe age has played a role in how you have been treated at work, it is worth getting legal advice.
Sexual Orientation and Gender Discrimination
Employees should not be treated unfairly because of gender, gender-related issues or sexual orientation.
Examples may include:
- Sexist comments or jokes
- Homophobic comments or behaviour
- Unequal treatment in pay, promotion or opportunities
- Sexual harassment
- Being excluded or mocked because of sexual orientation
- Being treated differently because of gender stereotypes
- Being punished for challenging inappropriate behaviour
- Being subjected to a hostile workplace environment
If this is happening at work, you may have options under employment equality law.
Should I Raise a Grievance or Equality Complaint?
In many cases, it may be useful or necessary to raise the issue internally before bringing a claim.
This may involve:
- A grievance
- A Dignity at Work complaint
- An equality complaint
- A harassment complaint
- A complaint under a workplace policy
Before making a complaint, it can be helpful to get advice on:
- Which policy applies
- How to describe the discrimination
- What protected ground applies
- What evidence to include
- Whether harassment or victimisation is involved
- What outcome you are seeking
- How to protect your position
- What to do if your employer does not act
At Orpen Franks LLP, we can advise you on how to raise the issue clearly and effectively.
What If I Am Treated Badly After Complaining About Discrimination?
If you are treated badly because you complained about discrimination, harassment or equality issues, this may amount to victimisation.
Victimisation may include:
- Being isolated or excluded
- Being criticised for complaining
- Being disciplined unfairly
- Being denied promotion or training
- Being moved to worse duties
- Being threatened with dismissal
- Being selected for redundancy
- Being pressured to resign
- Being labelled as difficult or a troublemaker
Employees should not be punished for raising genuine equality concerns. If this is happening, keep records and get advice quickly.
Can Discrimination Lead to Constructive Dismissal?
Yes, in some cases.
If discrimination, harassment or victimisation makes your job intolerable and your employer fails to deal with it properly, you may feel that you have no reasonable option but to resign.
However, constructive dismissal claims can be difficult. Before resigning, it is important to get advice.
The wording of your resignation letter, the timing of your resignation, the steps you took before leaving and the evidence you have can all matter.
If you are thinking about resigning because of discrimination at work, speak to Orpen Franks LLP before making a final decision.
Can I Bring a WRC Discrimination Claim?
You may be able to bring a discrimination or equality claim to the Workplace Relations Commission, often called the WRC.
A WRC discrimination claim may involve:
- Direct discrimination
- Indirect discrimination
- Harassment
- Sexual harassment
- Victimisation
- Failure to provide reasonable accommodation
- Discriminatory dismissal
- Discriminatory treatment in promotion, pay or conditions
Time limits apply, so it is important to get advice promptly.
In many cases, a complaint must be brought within six months of the discriminatory act. In limited circumstances, this may be extended to 12 months where there is a good reason for the delay.
What Happens During a Discrimination or Equality Claim?
Every case is different, but the process may include the following steps.
1. We listen to what happened
We will talk through how you were treated, who was involved, what protected ground may apply and how the situation has affected you.
2. We review your documents
We can review your contract, workplace policies, emails, messages, grievance documents, medical records where relevant, meeting notes and any WRC correspondence.
3. We explain your options
We will explain whether the issue may involve discrimination, harassment, sexual harassment, victimisation, constructive dismissal or another employment law issue.
4. We help you decide what to do next
This may include raising an internal complaint, responding to your employer, preparing a WRC claim, or considering settlement discussions.
5. We help prepare your complaint or claim
We can help you organise your evidence, prepare correspondence, draft complaints and identify the strongest points in your case.
6. We can represent you
Where appropriate, we can represent you in WRC proceedings and advise you if the matter proceeds through the Courts.
What Compensation Can I Get for a Discrimination Claim?
If a discrimination or equality claim is successful, possible outcomes may include compensation and other orders depending on the case.
Compensation may reflect the seriousness of the discrimination, the effect on you and the circumstances of the case.
In some cases, remedies may also include:
- Compensation for the effects of discrimination
- An order requiring the employer to take certain action
- Changes to workplace practices
- Reinstatement or re-engagement in dismissal cases
- Settlement terms agreed between the parties
Every case is different, and the possible outcome will depend on the facts.
How Discrimination and Equality Issues Can Affect Employees
Discrimination at work can affect far more than your working day. It may affect:
- Your confidence
- Your health
- Your income
- Your career progression
- Your reputation
- Your sense of safety at work
- Your future employment
- Your ability to stay in your job
Many employees delay getting advice because they are worried they will not be believed, that the situation will get worse, or that they may be seen as causing trouble.
Speaking to a solicitor does not mean you have to bring a claim immediately. It can simply help you understand your rights, your options and how to protect your position.
How Orpen Franks LLP Can Help
If you believe you have been discriminated against at work, it can be difficult to know what to do next. You may be unsure whether to complain, whether you have enough evidence, or whether your employer will take you seriously.
At Orpen Franks LLP, we advise employees on workplace discrimination, equality claims, harassment, sexual harassment, victimisation, disability discrimination, reasonable accommodation, pregnancy and maternity discrimination, WRC claims and employment disputes.
We can help with:
- Advising whether the treatment may amount to discrimination
- Identifying the relevant protected ground
- Reviewing your contract and workplace policies
- Advising on grievances and equality complaints
- Helping you prepare a workplace complaint
- Advising if you are being victimised after complaining
- Advising on disability discrimination and reasonable accommodation
- Advising on pregnancy, maternity and family status discrimination
- Advising on harassment and sexual harassment
- Helping you gather and organise evidence
- Advising if you are considering resignation
- Preparing and submitting WRC equality claims
- Representing you at the WRC
- Advising you if the matter proceeds through the Courts
Our advice is clear, practical and focused on helping you protect your rights, your dignity and your legal position.
Talk to Orpen Franks About Discrimination at Work
If you believe you have been discriminated against, harassed or victimised at work, you do not have to deal with it alone.
At Orpen Franks LLP, we can listen to what has happened, explain your rights and help you decide what steps to take next.
Contact Orpen Franks LLP today for clear, confidential advice about workplace discrimination, equality claims, harassment, victimisation and your rights as an employee.
FAQs About Discrimination and Equality Claims in Ireland
Yes, where possible. Legal advice can help you understand whether discrimination law applies, what evidence matters and how to raise the issue clearly.
Yes, if your dismissal was connected to a protected ground or involved discriminatory treatment, you may have a discrimination or equality claim. Other claims may also be available.
Useful evidence may include emails, messages, records of incidents, witness details, workplace policies, complaint documents, performance records and comparisons with how others were treated.
Harassment connected to a protected ground may be a form of discrimination. Sexual harassment may also give rise to an equality claim.
Victimisation can happen where you are treated badly because you complained about discrimination, supported someone else’s complaint or raised equality concerns.
In many cases, a discrimination complaint must be brought within six months of the discriminatory act. In limited circumstances, this may be extended to 12 months.
Yes, depending on the facts. Many workplace discrimination and equality claims are brought to the Workplace Relations Commission.
The protected grounds include gender, civil status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community.
An equality claim is a legal complaint involving discrimination, harassment, sexual harassment, victimisation or another breach of employment equality rights.
Discrimination at work happens where an employee is treated less favourably because of a protected ground such as gender, age, disability, race, religion, family status, civil status, sexual orientation or membership of the Traveller community.
