ASTI - Ireland's main second level teachers union

ASTI policy is that: 

In the workplace, all teachers should have a working environment in which access to:

• employment opportunities;
• working experience;
• opportunities for promotion; and,
• professional development options

are arranged and structured in a manner which respects diversity and is devoid of discriminatory practices.

In the ASTI, respect for diversity should allow all teachers to:

• participate
• compete 
• hold office

within the structures of the union.

In the school, students should enjoy:

• equal opportunities, in terms of access to and provision of the full range of facilities and subjects 
• The ethos of the school in its enrolment policies, pastoral care arrangements, cultural and sporting opportunities, and climate should be one which welcomes students from different backgrounds and promotes their full integration into the school 
• The Department of Education and Science should promote equal opportunities by providing the necessary resources so as to:

The ASTI Equal Oportunities Committee promotes equal opportunities within the ASTI and in schools.

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More information on equality in schools and ASTI work on the promotion of equal opportunities

Equality in the school

Subject provision in second-level schools
The ASTI has consistently sought equality of access for and uptake of subjects for all students.

Student equality
The school shall afford equal treatment to all students irrespective of:

• gender
• family status
• sexual orientation
• religious belief 
• age
• disability
• race
• membership of travelling community

In relation to:
(i) admission or the terms or conditions of admission of a person as a student to the school;
(ii) access of a student to any course, facility or benefit provided by the school.

It should be noted that the Equal Status Act, 2002, allows for exemptions in the case of schools, as follows:

(a) (Schools) who have preferential admissions policy for students of one religion, or in the case of refusing access, can prove that the refusal is essential to maintain the religious ethos of the school.

(b) Where it can be proven that the provision of special facilitates for student(s) with disability would adversely affect the interest of other students.

The school and promoting diversity

The school can promote diversity by way of:

• policy statements
• codes of conduct
• training of staff
• climate building
• tackling complaints speedily, fairly and in confidence.

Promotion of equal opportunities in employment

The ASTI promotes equal treatment for all its members in terms of access to employment, promotional opportunities, professional experience and professional development opportunities.

Agreements exist with the managerial authorities (ACCS and JMB) reinforcing these rights.

In terms of enforcing these rights the ASTI will negotiate locally with the employer or will use the Employment Equality Act, 1998, to uphold a member’s right to equal treatment.

Agreements have been reached with:
(i) the JMB, the ACCS and the IVEA governing a member’s right to work in an environment free from sexual harassment

(ii) with the IVEA and ACCS on anti-bullying codes.

Tackling inequality in the school
The ASTI provides advice and support to members who experience discrimination in any of its forms by the employer. Head Office should be contacted where a member/ group of members is/are of the view that discriminatory practices may exist in their school.
The ASTI, if the evidence so dictates, may:

(a) negotiate an agreement with the management/management authority guaranteeing the discontinuation of such discriminatory practices and the promotion of equality of opportunity within the school;

(b) request an Equality Officer of the Office of the Director of Equality Investigations to investigate a complaint either by way of mediation or investigation;

(c) seek the advice of the Equality Authority as to whether or not the practices in operation in a particular school constitute a breach of the legislation.
 
Gay & Lesbian Equality 
The ASTI Gay and Lesbian Network is a group of gay and lesbian ASTI members who meet regularly in ASTI Head Office to identify how the ASTI can promote equal treatment for gay and lesbian teachers.

Teachers Supporting Diversity
The ASTI joined with GLEN, the Gay and Lesbian Equality Network in publishing a resource to assist teachers in supporting the diversity of students, with a particular focus on students who are lesbian, gay or bisexual.

ACCS/ ASTI Code of Practice for Persons with Disabilities

This Code of Practice is intended as a tool to give practical effect to the provisions of the Employment Equality Act, 1998, the Equality Act, 2004 and the Equal Status Act, 2004 which prohibits discrimination on any of the following nine grounds: Gender; Marital Status; Family Status; Age; Disability; Sexual Orientation; Religion; Race; Membership of the Traveller Community.

The Code is intended for use by a school to enable them to fulfill their duties as employers under the Employment Equality Act, 1998 and the Equality Act, 2004 and in particular under the Equal Status Act, 2004. The Code aims to contribute to developing equality for people with disabilities and ensuring that they are recognised and treated as having equal status with all other persons. It is the policy of a school to promote equality of opportunity for people with disabilities and to ensure that their needs can be safely accomodated within our work environment, in all practices and procedures.

Please click here for the full text of the code.

ASTI Equality Officers

The ASTI is committed to providing equal opportunities for all members to participate in and to compete and hold office within all the structures of the union.

Each ASTI Branch should have an equality officer. The Branch Equality Officer should liaise with the other branch officers in promoting and in monitoring the implementation of ASTI policy on equal opportunities. The Equality Officer, in conjunction with the other branch officers, should ensure that branch activities and procedures reflect the ASTI’s commitment to the promotion of equality.

Role of ASTI Branch Equality Officer

1. Role Definition     
The Equality Officer should liaise with the other branch officers in promoting and in monitoring the implementation of ASTI policy on equal opportunities.  The Equality Officer in conjunction with the other branch officers should ensure that branch activities and procedures reflect the ASTI's commitment to the promotion of equal opportunities.

2. Election of
The ASTI Rules were amended in 1990 so as to provide for the election of a Branch Honorary Equality Officer who should be elected as soon as possible after October 1st of each year, but in any case not later than October 22nd. "Nominee must have been a member for one year except in the case of newly formed or re-organised branches. This new office replaces the equality network."

3. Responsibilities / How to Exercise the Role of Equality Officer
- Ensure that equal opportunities is tabled as a meeting item as frequently as necessary, i.e. when new initiatives/agreements/developments are proposed or where the view of the branch on a particular issue requires to be addressed and the views of the branch need to be conveyed to Head Office.
- Ensure that ASTI policy documents / recommendations / publications are brought to the attention of the branch meeting. 
- Attempt to provide feed-back to Head Office / Equal Opportunities Committee/ Standing Committee when requested, or if something of particular relevance arises in your branch.

4. Suggested Tasks for the Year   
(a) Branch Officers to notify branch members of ASTI policy on representation of males and females within structures of union at time when election of CEC representatives, regional representatives and branch delegates takes place.

(b) Consider an audit on the composition of branch meeting attendees/officers or those who seek involvement in the ASTI.  In the absence of any one group competing for office, branch officers could examine ways of encouraging a broad section of members to compete for office.

(c) Consider an audit on the accessibility of schools in your branch for disabled students.

(d) Look at how branch organisation assists or hinders participation by specific categories of members.

(e) Identify members within the branch who have an interest in equal opportunities and notify same to Equal Opportunities Committee.

(f) Consider any of the following themes at your branch meetings which your branch may wish to make submissions to Head Office in relation to:

• Integrating equal opportunities into the school plan
• Under achievement of boys
• Equal opportunities for all students
• Access
• Provision
• Equal opportunities for teachers in relation to promotional posts
• Sexual Harassment
• Harassment and/or bullying on any of the nine grounds
• Members’ experience of access to and provision of job-sharing and how this has affected, if at all, promotional opportunities available to them in their school.

(g) Address to members on basis for taking a case under the Employment
Equality Act, 1998 and the Equal Status Act, 2001 (speakers available).

(h) Consider an audit on local schools’ requirements for extra support for students with special needs

- disability
- language requirements.

Click here to read the proceedings of an ASTI equality seminar on disability

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Equality Legislation

The Oireachtas has enacted legislation which prohibits discrimination in employment based on sex, marital status, religious opinions, age, race, ethnic background, sexual orientation, disability. Such laws are intended to accord with Ireland’s obligations under European Law.

The principal legislation is found in the following Acts:

(i) Employment Equality Acts, 1998 and 2004
(ii) Unfair Dismissals Acts, 1997-2001
(iii) The Maternity Protection Act, 1994
(iv) Equal Status Act, 2000.

Under these legislative measures, the following practices, terms and conditions of employment have become unlawful.

(a) Direct Discrimination: Where a person is treated less favourably than another on any of the nine grounds listed in the Employment Equality Act, 1998. An employer must not discriminate

• in the provision of training, on or off the job
• in re-grading or the classification of jobs
• in work counselling
• in the provision of work experience
• in the opportunities he/she affords his/her employees for promotion
• in dismissals, disciplinary measures, or in any other disadvantages to which employees may be subjected, e.g. redundancies, lay-offs, short-time working
by having discriminatory rules or instructions

(b) Indirect Discrimination: Where a person is obliged to comply with a condition of employment which is not essential to the job but with which a substantially greater proportion of persons of the other sex or different marital status, ethnic, religious, or level of (dis)ability, etc. are able to comply.

(c) Unequal Pay: Where a person is not paid the same remuneration or given the same consideration, whether in cash or in kind, as another and who is employed by the same employer (or an associated employer) in the same place and on like work.

(d) Discrimination by Association: Where a person associated with another person (belonging to a specified ground) is treated less favourably because of that association.

(e) Victimisation: Where a person is penalised for opposing discrimination or for bringing proceedings under the Acts, or for giving evidence in such proceedings brought by someone else, or for giving notice of an intention to do any of these things.
All the above actions and practices are unlawful and can be challenged in proceedings before Equality Officers, the Labour Court and in certain circumstances the civil courts, subject to certain specific exemptions which in general do not apply to teachers.

The school shall afford equal treatment to all teachers irrespective of:
• gender
• martial status 
• family status
• sexual orientation
• religious belief 
• age
• disability
• race
• membership of travelling community

Click below to view an introduction to the Employment Equality Acts booklet produced by the ASTI.

ICTU 'Equality in the Workplace' publications

Gender Identity in the Workplace
Code of Practice for Trade Unions
Being Lesbian, Gay, Bisexual and Transgender at Work