30/06/2023
We share an article about Menopause.
In Irish law, this is still a very grey area. There have not been that many cases yet and one in particular is still awaiting final decision.
In recent years, this topic has received a lot of publicity.
Any assertion by yourself that you are disabled needs to be supported by medical evidence. Otherwise, you are really possibly just wasting your time.
The Employment Equality Acts 1998-2015 (“EEA”) is broader than the UK and includes a Disability imputed to a person.
Imputed discrimination is also written in to the Equal Status Acts. Part 1, Section 3_1.(a)
(a) on any of the grounds specified in subsection (2) (in this Act referred to as “the discriminatory grounds”) which exists at present or previously existed but no longer exists or may exist in the future, or which is imputed to the person concerned, a person is treated less favourably than another person is, has been or would be treated,
So if a company or service is discriminating against you because they think you are disabled, you may have a case. Even if you are not actually disabled or attempting to assert that you are.
How do you prove that someone thinks you are disabled. Obviously this is on a case by case basis. Based on circumstances, context, taking everything in to account.
As a person can also see from the wording, you can be discriminated against for a disability you had in the past, even if at present, you are no longer disabled.
Gender discrimination is an option for remedy. As I say though, it is still a grey area.
You can learn more about menopause and the various legal options by reading the article through our website unfairdismissal.ie
If you still have questions or enquiry, you can contact us.
