Employment Equality Act, 1998
Indirect discrimination on the gender ground. |
22.—(1) Where a provision (whether in the nature of a requirement, practice or otherwise) which relates to any of the matters specified in paragraphs (a) to (e) of section 8 (1) or to membership of a regulatory body— | |
(a) applies to both A and B, | ||
(b) is such that the proportion of persons who are disadvantaged by the provision is substantially higher in the case of those of the same sex as A than in the case of those of the same sex as B, and | ||
(c) cannot be justified by objective factors unrelated to A's sex, | ||
then, for the purposes of this Act, A's employer or, as the case may be, the regulatory body shall be regarded as discriminating against A on the gender ground contrary to section 8 or, as the case may require, section 13 . | ||
(2) Subsection (1) shall apply to the provision of any such services as are referred to in paragraphs (a) and (b) of section 11 (1) subject to the following modifications: | ||
(a) for the words “any of the matters specified in paragraphs (a) to (e) of section 8 (1)” there shall be substituted the words “a person seeking any such services or guidance as are referred to in paragraphs (a) and (b) of section 11 (1)”; | ||
(b) the reference to the employer shall be construed as a reference to the employment agency; and | ||
(c) the reference to section 8 shall be construed as a reference to section 11 . | ||
(3) Subsection (1) shall apply to participation in any such course or facility as is referred to in paragraphs (a) to (c) of section 12 (1) subject to the following modifications: | ||
(a) the reference to paragraphs (a) to (e) of section 8 (1) shall be construed as a reference to paragraphs (a) to (c) of section 12 (1); | ||
(b) the reference to the employer shall be construed as a reference to the person offering the course or facility; and | ||
(c) the reference to section 8 shall be construed as a reference to section 12 . | ||
(4) The reference in subsection (1)(b) to persons who are disadvantaged by a provision includes not only those who are so disadvantaged because of their sex but also those who are so disadvantaged by reference to their marital status or family status. | ||
(5) Subsection (3) of section 8 applies for the purposes of subsection (1) as it applies for the purposes of subsections (4) to (8) of that section. |