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.