See also ‘Discrimination’ - Gender in an employment law context arises as one of the nine grounds of discrimination in Ireland, as outlined in the Employment Equality Acts, 1998-2008. Of all nine grounds, gender is the “oldest” recognised grounds for discrimination and was recognised by the EU in the Treaty of Rome (EC Treaty) 1957. Section 6 of the Employment Equality Act 1998 states that gender discrimination occurs where differential treatment occurs on the basis “that one is a woman and the other is a man.” It follows that gender discrimination may arise in any situation where there is direct preferential treatment given to an employee or employees of one gender over another, or where indirect treatment (such as those based on stereotype or characteristics) is given to an employee or employees of one gender over another. An example of direct discrimination would be for an employer to state that only male employees may apply for a job as a truck driver. An example of indirect discrimination would be for an employer to state that only employees who are over six feet tall may apply for a position as a truck driver as women, generally speaking, would find it more difficult to fulfil the six feet tall requirement. The most common forms of gender discrimination arise out of unfair recruitment and promotion practices, dress code requirements and pregnancy related discrimination. Discrimination on the grounds of trans-sexuality is also an increasing area of discrimination and this matter also comes under the definition of gender discrimination.
