Learning Outcomes:
By the end of this module you should be able to:
1. Explain the historical development of EU equality law, and the scope, grounds, and forms of discrimination prohibited under EU law in employment and beyond, referencing relevant directives and case law.
2. Apply EU equality law and case law to practical problem and policy scenarios in any of the areas covered in the module.
3. Critically analyse recent and potential developments in equality and diversity law and assess their impact on legal practice, policy, and society.
4. Construct and defend legal arguments orally in a structured debate and respond effectively to opposing viewpoints.
5. Synthesise debate discussion, case materials, and legal sources into a coherent written analysis under time constraints.
Indicative Module Content:
Please note: this content is indicative and may be reordered or slightly amended.
1. Introduction to EU Equality and Diversity Law – Theoretical foundations and historical evolution of equality and diversity law; sources of EU equality law and its relationship with Irish law.
2. Discrimination in Employment – Prohibition of direct and indirect discrimination; harassment; protected grounds under EU law; burden of proof; selected Irish examples.
3. Equal Pay and Pay Transparency – Article 157 TFEU, relevant directives, and CJEU case law; Pay Transparency Directive; selected Irish examples.
4. Discrimination Outside Employment – Protection in goods and services, housing, and education; Racial Equality Directive; Gender Equality Directive in goods and services; Irish case law examples.
5. Hate Speech Law and Equality – EU Framework Decision on Racism and Xenophobia; interaction between non-discrimination and freedom of expression; CJEU and ECtHR case law; brief overview of Irish legislation.
6. Work–Life Balance – Directive (EU) 2019/1158; parental, paternity, and carers’ leave; flexible working rights; gender equality and care.
7. Working Time – Working Time Directive; rules on maximum working hours, rest periods, and annual leave; CJEU and Irish case law.
8. Atypical Work – Part-time, fixed-term, and agency work; protection from less favourable treatment; precarious and platform work.
9. The Role of Trade Unions and Collective Bargaining in Advancing Equality – EU and international frameworks; social partner agreements.
10. Enforcement tools and issues faced by litigants.
The first part of the module is delivered asynchronously, introducing most of these topics through readings, recorded lectures, and handouts. The second part consists of in-person seminars using e.g., debates, simulated hearings, and policy drafting to apply legal principles to practical and contemporary equality issues.