LEGISLATION BANNING THE use of non-disclosure agreements (NDAs) in cases of sexual harassment will be brought to Cabinet this morning by Minister for Equality Roderic O’Gorman. 

It is expected that the legislation will be passed through the Oireachtas in the autumn when the Dáil returns in September.

The change comes following a private member’s motion by Independent Senator Lynn Ruane. 

The law aims to address the power imbalance that can occur between employers and employees and the practice of NDAs being used to conceal discriminator behaviour. 

The legislation will amend the Equality Employment Act to state that an employer shall not enter an NDA with an employee where the employee has made allegations of discrimination, harassment or sexual harassment.

Maternity leave

O’Gorman will also bring a second change to the Equality Employment Act to Cabinet tomorrow in relation to maternity leave.  

The legislation will allow for maternity leave to be deferred in cases of serious physical or mental illness.

Alongside this, the Minister will also introduce a statutory entitlement for members of the Oireachtas to take maternity leave.

Currently, women have a right to take 26 weeks of maternity leave in Ireland, but there is still no law to allow politicians to take it, despite repeated promises.

The issue was brought back under the spotlight recently after Social Democrats leader Holly Cairns announced her pregnancy.

The change allowing for deferring of maternity leave comes off the back of the Irish Cancer Society’s ‘Leave Our Leave’ campaign, highlighting women who spent their maternity leave receiving medical treatment.

The Irish Cancer Society has said that 60 women in Ireland go through a diagnosis of cancer every year either during pregnancy or postpartum. 

The proposed changes would allow someone to postpone their maternity leave by up to 52 weeks.

Currently, under the Maternity Protection Act, a pause on maternity leave is only allowed in case of a hospitalisation of a child.