LAU22611 Workplace Discrimination: Law and Practice

Module Learning Outcomes with embedded Graduate Attributes  

On successful completion of this module, students should be able to:

• Identify and explain the basic concepts within workplace discrimination law in both an Irish and European context;
• Critically evaluate the current law and options for its reform;
• Identify and explain the role of the Workplace Relations Commission (‘WRC’), the Irish Human Rights and Equality Commission (‘IHREC’) and other relevant authorities in the field of securing redress/remedies and dispute resolution mechanisms in the context of workplace discrimination issues;
• Demonstrate, through a range of communication modes, theoretical and applied insights about workplace discrimination law in practice.

Module Content

Workplace discrimination law is constantly evolving, responding to the increasing diversity of our society, social progress, and changes in workplace culture. This evolution is in turn reflected in both human resources practice and in law reform.
In this module, we will be analysing the different forms of discrimination recognised by the law as they apply to the workplace and considering topical developments both through case studies and other legal instruments and in recent or proposed law reforms in this area.
As well as engaging with a broad range of academic literature, this module will also explore the practical application of dispute resolution with a particular focus on the WRC and IHREC, considering the roles played by these and other bodies in the dispute resolution landscape for workplace discrimination claims.
Substantive topics in the course may include (these are subject to revision):

• How can, and should, the law define discrimination?
• Which sources of law are of most significance in this area?
• Which non-legal source of law are of most importance in this area?
• In what ways are legal protections developing in this field?
• What are the roles of the WRC and IHREC respectively in this sphere?
• How does law reform concerning selected protected characteristics, such as disability and age, illuminate and/or respond to broader social/societal change?
• What is the rationale for recently introduced innovations at domestic and European level to include reforms concerning the gender pay gap, pay transparency rules and the prohibition/regulation of non-disclosure agreements (‘NDAs’)?
• How are these changes playing out in practice and what are the key legal and practical implications of these other reforms?