Equal Status Act, 2000
|
SCHEDULE | ||
Amendment Of Employment Equality Act, 1998 | ||
The Employment Equality Act, 1998 , is hereby amended— | ||
(a) in section 2(1) (interpretation), by the insertion— | ||
(i) after the definition of “disability”, of: | ||
“‘discrimination’, in Parts V and VI, includes prohibited conduct within the meaning of the Equal Status Act, 2000, and cognate words shall be construed accordingly;”, and | ||
(ii) after the definition of “trade union”, of: | ||
“‘Traveller community’ means the community of people commonly so called who are identified (both by themselves and others) as people with a shared history, culture and traditions including, historically, a nomadic way of life on the island of Ireland;”, | ||
(b) in section 6 (discrimination), by the substitution in subsection (2)(i) of “Traveller” for “traveller” on both occasions where it occurs, | ||
(c) in section 12 (vocational training)— | ||
(i) by the substitution, in the opening words of subsection (7), of “Without prejudice to section 3 of the Refugee Act, 1996 , nothing in subsection (1)” for “Nothing in subsection (1)” and “an educational” for “a vocational”, | ||
(ii) by the substitution, in subsection (7)(b), of “considerations, or” for “considerations.”, and | ||
(iii) by the insertion of the following paragraph: | ||
“(c) in the case of a university or other third-level institution, it provides different treatment in the allocation of places on any such course to mature students (within the meaning of the Local Authorities (Higher Education Grants) Acts, 1968 to 1992).”, | ||
(d) in section 28 (comparators), by the substitution in subsection (1)(h) of “Traveller” for “traveller” on both occasions where it occurs, | ||
(e) in section 33 (positive action permitted), by the substitution in subsection (1)(c) of “Traveller” for “traveller”, | ||
(f) in section 44 (ordinary members of Authority), by the substitution in subsection (1)(c) of “Traveller” for “traveller”, | ||
(g) in section 56 (codes of practice)— | ||
(i) by the substitution of the following paragraphs for paragraphs (a) and (b) of subsection (1): | ||
“(a) the elimination of discrimination; and | ||
(b) the promotion of equality of opportunity in employment and in relation to the matters to which the Equal Status Act, 2000, applies.”, and | ||
(ii) by the insertion in subsection (4), after “Part VII”, of “or under Part III of the Equal Status Act, 2000”, | ||
(h) in section 59 (obtaining information etc. for purposes of inquiry), by the substitution of the following paragraph for paragraph (b) of subsection (3): | ||
“(b) the Authority believes that a person named in the terms of reference of the inquiry to which the notice relates— | ||
(i) has discriminated or is discriminating, | ||
(ii) has contravened or is contravening section 8(4) or 10(1), | ||
(iii) has failed or is failing to comply with an equality clause or an equal remuneration term, or | ||
(iv) has contravened section 12 (1) (prohibited advertising) of the Equal Status Act, 2000.”, | ||
(i) in section 61 (recommendations arising out of and reports of inquiries), by the substitution of the following subsection for subsection (1): | ||
“(1) After it has conducted an inquiry under section 58, or in the course of such an inquiry, the Authority may make to any person, including the Minister, recommendations arising out of the inquiry for the purpose of promoting either or both of the general functions of the Authority specified in paragraphs (a) and (b) of section 39 or, as appropriate, in paragraphs (a) and (b) of section 39 of the Equal Status Act, 2000.”, | ||
(j) in section 62 (non-discrimination notices), by the substitution of the following paragraph for paragraph (b) of subsection (1): | ||
“(b) has contravened or is contravening section 8 (4) or 10 (1) or section 12 (1) of the Equal Status Act, 2000, or”, | ||
(k) in section 63 (appeal against non-discrimination notice)— | ||
(i) by the substitution of the following subsection for subsection (1): | ||
“(1) Subject to subsection (6), a person on whom a non-discrimination notice has been served may appeal to the Labour Court within 42 days of the date of service against the notice or any requirement of the notice.”, | ||
and | ||
(ii) by the addition of the following subsections: | ||
“(6) Where a non-discrimination notice relates to prohibited conduct within the meaning of the Equal Status Act, 2000, or to a contravention of section 12 (1) of that Act, the person on whom the notice has been served may appeal to the District Court, and for that purpose references in this section to the Labour Court shall be construed as references to the District Court. | ||
(7) The jurisdiction of the District Court under this section shall be exercised by a judge of that Court for the time being assigned to the district court district in which the person on whom the non-discrimination notice has been served ordinarily resides or carries on any profession, business or occupation.”, | ||
(l) in section 67 (assistance by Authority in connection with certain references), by the substitution of the following subsection for subsection (1): | ||
“(1) A person who considers— | ||
(a) that discrimination has been directed against the person by another person, | ||
(b) that he or she has been adversely affected by the failure or refusal by another person— | ||
(i) to comply with an equality clause or an equal remuneration term, | ||
(ii) to implement a decision, order or determination under this Part or under Part III of the Equal Status Act, 2000, or | ||
(iii) to implement a mediated settlement under section 78 or under section 24 of that Act, | ||
or | ||
(c) that a club referred to in section 8 of that Act is a discriminating club within the meaning of that section, | ||
may make a request to the Authority for assistance in taking proceedings in respect of which redress is provided for under this Act or that Act or, as the case may be, in making an application to the District Court under section 8 (3) of that Act.”, | ||
(m) in section 68 (definition (Part VI)), by the deletion of “under section 71(3)” and the substitution of “, or the District Court, under section 71”, | ||
(n) in section 69 (equality reviews and action plans) by— | ||
(i) the deletion in subsection (1)(a) of “in employment”, | ||
(ii) the substitution in subsection (1)(b) of “to that business or those businesses” for “to that employment” and “therein” for “in that employment”, | ||
(iii) the deletion in subsection (2) of “in employment” and the substitution of “therein” for “in that employment”, | ||
(iv) the insertion of the following subsection after subsection (2): | ||
“(2A) An equality review or an equality action plan which relates to matters governed both by this Act and by the Equal Status Act, 2000, shall deal separately with those matters, and the separate portions of the review or plan shall be treated, for the purposes of this Part, as an equality review or an equality action plan.”, | ||
(v) the deletion in subsection (6) of “in an employment”, and | ||
(vi) the substitution of the following subsection for subsection (7): | ||
“(7) For the purposes of this section: | ||
(a) ‘business’ includes— | ||
(i) an activity giving rise to employment, whether or not in the industrial or commercial field and whether or not with a view to profit, and | ||
(ii) subject to clause (II) of this subparagraph, the provision of services by the provider of a service (within the meaning of section 4 (6) of the Equal Status Act, 2000), and accordingly this section shall apply in relation to the provision of such services with the modifications that— | ||
(I) the reference in subsection (1)(a) to a particular business shall be construed as including a reference to the provision of particular services, and | ||
(II) the references in subsections (4) and (5) to a business shall be construed as including references to a provider of a service (within the meaning of the said section 4 (6), other than paragraph (f) thereof), | ||
and any other necessary modifications; | ||
(b) a ‘group of businesses’ may be defined by reference to geographical location instead of (or as well as) by reference to control or any other factor.”, | ||
(o) in section 70(1)(a) (enforcement powers in respect of equality reviews and action plans) by the insertion of “is” before “required”, and | ||
(p) in section 71 (appeal against substantive notice) by— | ||
(i) the substitution of the following subsection for subsection (1): | ||
“(1) Subject to subsection (6), a person on whom a substantive notice has been served may appeal to the Labour Court within 42 days of the date of service against the notice or any requirement of the notice.”, | ||
and | ||
(ii) the insertion of the following subsections after subsection (5): | ||
“(6) Where a substantive notice concerns an equality review or equality action plan, or a proposed such review or plan, which relates to matters governed by the Equal Status Act, 2000, the person on whom the notice has been served may appeal to the District Court against the notice, and for that purpose references in this section to the Labour Court shall be construed as references to the District Court. | ||
(7) The jurisdiction of the District Court under this section shall be exercised by a judge of that Court for the time being assigned to the district court district in which the person on whom the substantive notice was served ordinarily resides or carries on any profession, business or occupation.”. |