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Employment Equality Act, 1998

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Number 21 of 1998


EMPLOYMENT EQUALITY ACT, 1998


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Orders and regulations.

4.

Expenses.

5.

Repeals and consequential amendments.

PART II

Discrimination: General Provisions

Introductory

6.

Discrimination for the purposes of this Act.

7.

Like work.

Discrimination in Specific Areas

8.

Discrimination by employers etc.

9.

Provisions in certain agreements and orders.

10.

Advertising.

11.

Employment agencies.

12.

Vocational training.

13.

Membership of certain bodies.

14.

Procuring etc. discrimination or victimisation.

Vicarious Liability etc.

15.

Liability of employers and principals.

Obligations of Employers etc.

16.

Nature and extent of employer's obligations in certain cases.

17.

Compliance with statutory requirements etc.

PART III

Specific Provisions as to Equality Between Women and Men

Introductory

18.

Application of equality principles to both men and women.

Remuneration

19.

Entitlement to equal remuneration.

20.

Implied term as to equal remuneration.

Other Matters

21.

Equality clause relating to gender issues.

22.

Indirect discrimination on the gender ground.

23.

Sexual harassment in the workplace etc.

24.

Positive action on equal opportunities.

25.

Exclusion of discrimination in certain employments.

26.

Exceptions relating to family and personal matters.

27.

Garda Síochána and prison service.

PART IV

Specific Provisions as to Equality Between other Categories of Persons

28.

The comparators.

29.

Entitlement to equal remuneration.

30.

Equality clause relating to non-gender issues.

31.

Indirect discrimination.

32.

Harassment in the workplace etc.

33.

Positive action permitted.

34.

Savings and exceptions related to the family, age or disability.

35.

Special provisions related to persons with disabilities.

36.

Imposition of certain requirements to be lawful.

37.

Exclusion of discrimination on particular grounds in certain employments.

PART V

Equality Authority

General

38.

Continuation of Employment Equality Agency as Equality Authority.

39.

Functions of Authority.

40.

Strategic Plans.

41.

Membership.

42.

Chairperson.

43.

Disqualification.

44.

Ordinary members.

45.

Chairperson and ordinary members may be re-appointed.

46.

Vice-chairperson.

47.

Meetings and business.

48.

Advisory committees.

49.

Chief Executive Officer.

50.

Accountability of Chief Executive Officer.

51.

Staff.

52.

Seal of Authority.

53.

Accounts and audits.

54.

Annual report and provision of information to Minister.

55.

Grants and borrowing powers.

56.

Codes of practice.

57.

Research and information.

Inquiries by Authority

58.

Inquiries.

59.

Obtaining information etc. for purposes of inquiry.

60.

Offences relating to inquiries etc.

61.

Recommendations arising out of and reports of inquiries.

62.

Non-discrimination notices.

63.

Appeal against non-discrimination notice.

64.

Register of non-discrimination notices.

65.

Injunctions for failure to comply with non-discrimination notice.

66.

Offence relating to failure to comply with non-discrimination notice.

67.

Assistance by Authority in connection with certain references.

PART VI

Equality Reviews and Action Plans and Review of Legislation

68.

Definition (Part VI).

69.

Equality reviews and action plans.

70.

Enforcement powers in respect of equality reviews and action plans.

71.

Appeal against substantive notice.

72.

Enforcement of substantive notices.

73.

Review of legislation.

PART VII

Other Remedies and Enforcement

Introductory

74.

Interpretation (Part VII).

Equality Investigations

75.

Director of Equality Investigations and other officers.

Redress

76.

Right to information.

77.

The forum for seeking redress.

78.

Mediation.

79.

Investigations by Director or the Labour Court.

80.

References to the Circuit Court.

81.

Consequences of failure to supply information etc.

82.

Redress which may be ordered.

83.

Appeals from the Director to the Labour Court.

84.

References by the Labour Court to the Director.

85.

Enforcement powers of the Authority.

Collective Agreements

86.

Reference of collective agreements to Director.

87.

Mediation, decisions and appeals relating to collective agreements.

Decisions and Determinations Generally

88.

Form and content of decisions and determinations.

89.

Supply and publication of decisions and determinations.

90.

Appeals and references from the Labour Court.

Enforcement by Circuit Court

91.

Enforcement of determinations, decisions and mediated settlements.

92.

Additional powers of Circuit Court on enforcement.

93.

Compensation in lieu of re-instatement or re-engagement.

Information

94.

Powers to enter premises, obtain information, etc.

95.

Requirements on persons to provide information.

96.

Sanctions for failure or refusal to supply documents, information, etc.

97.

Supplementary provisions as to information.

Offences

98.

Penalty for dismissal of employee for exercising rights.

99.

Obstruction etc. of Director and other officers.

100.

Offences: general provisions.

Supplementary

101.

Alternative avenues of redress.

102.

Striking out cases which are not pursued.

103.

Provisions relating to insolvency.

104.

Special provision as to Defence Forces.

105.

Amendment of Industrial Relations Act, 1990.


Acts Referred to

Adoptive Leave Act, 1995

1995, No. 2

Air Navigation and Transport Act, 1946

1946, No. 23

Anti-Discrimination (Pay) Act, 1974

1974, No. 15

Bankruptcy Act, 1988

1988, No. 27

Civil Service Commissioners Act, 1956

1956, No. 45

Civil Service Regulation Act, 1956

1956, No. 46

Civil Service Regulation Acts, 1956 to 1996

Companies Act, 1963

1963, No. 33

Comptroller and Auditor General (Amendment) Act, 1993

1993, No. 8

Courts Act, 1981

1981, No. 11

Defence Act, 1954

1954, No. 18

Employment Agency Act, 1971

1971, No. 27

Employment Equality Act, 1977

1977, No. 16

European Parliament Elections Act, 1997

1997, No. 2

Finance Act, 1987

1987, No. 10

Health Act, 1970

1970, No. 1

Industrial Relations Act, 1946

1946, No. 26

Industrial Relations Act, 1969

1969, No. 14

Industrial Relations Act, 1990

1990, No. 19

Interpretation Act, 1937

1937, No. 38

Interpretation Acts, 1937 to 1997

Irish Aviation Authority Act, 1993

1993, No. 29

Local Government Act, 1941

1941, No. 23

Maternity Protection Act, 1994

1994, No. 34

Merchant Shipping Act, 1947

1947, No. 46

Merchant Shipping (Certification of Seamen) Act, 1979

1979, No. 37

Pensions Act, 1990

1990, No. 25

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict., c. 9

Employees (Employers' Insolvency) Act, 1984

1984, No. 21

Redundancy Payments Act, 1967

1967, No. 21

Solicitors Act, 1954

1954, No. 36

Trade Union Act, 1941

1941, No. 22

Transport (Miscellaneous Provisions) Act, 1971

1971, No. 14

Unfair Dismissals Acts, 1977 to 1993

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Number 21 of 1998


EMPLOYMENT EQUALITY ACT, 1998


AN ACT TO MAKE FURTHER PROVISION FOR THE PROMOTION OF EQUALITY BETWEEN EMPLOYED PERSONS; TO MAKE FURTHER PROVISION WITH RESPECT TO DISCRIMINATION IN, AND IN CONNECTION WITH, EMPLOYMENT, VOCATIONAL TRAINING AND MEMBERSHIP OF CERTAIN BODIES; TO MAKE FURTHER PROVISION IN CONNECTION WITH COUNCIL DIRECTIVE NO. 75/117/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE APPLICATION OF THE PRINCIPLE OF EQUAL PAY FOR MEN AND WOMEN AND COUNCIL DIRECTIVE NO. 76/207/EEC ON THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN AS REGARDS ACCESS TO EMPLOYMENT, VOCATIONAL TRAINING AND PROMOTION, AND WORKING CONDITIONS; TO MAKE FURTHER PROVISION WITH RESPECT TO HARASSMENT IN EMPLOYMENT AND IN THE WORKPLACE; TO CHANGE THE NAME AND CONSTITUTION OF THE EMPLOYMENT EQUALITY AGENCY AND PROVIDE FOR THE ADMINISTRATION BY THAT BODY OF VARIOUS MATTERS PERTAINING TO THIS ACT; TO ESTABLISH PROCEDURES FOR THE INVESTIGATION AND REMEDYING OF VARIOUS MATTERS ARISING UNDER THIS ACT; TO REPEAL THE ANTI-DISCRIMINATION (PAY) ACT, 1974 , AND THE EMPLOYMENT EQUALITY ACT, 1977 , AND TO PROVIDE FOR RELATED MATTERS. [18th June, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: