Employment Equality Act, 1998

Non-discrimination notices.

62.—(1) Where, in the course of the conduct of an inquiry or after such an inquiry has been conducted, the Authority is satisfied that any person—

(a) has discriminated or is discriminating,

(b) has contravened or is contravening section 8 (4), 10 or 1 4, or

(c) has failed or is failing to comply with an equality clause or an equal remuneration term,

the Authority may serve a non-discrimination notice on that person, either by personal delivery or by registered post.

(2) Where the Authority proposes to serve a non-discrimination notice on any person, it shall, before the notice is served, notify the person in writing of its proposal to do so.

(3) Notification under subsection (2) of a proposal to serve a non-discrimination notice shall—

(a) specify the act or omission constituting the discrimination, contravention or failure referred to in subsection (1) to which the notification relates, and

(b) inform the person concerned of the right to make representations to the Authority in accordance with subsection (4).

(4) A person who has received a notification under subsection (2) may, within 28 days of the receipt, make representations to the Authority regarding the proposal, and where any such representations are made, the Authority shall consider them before serving a non-discrimination notice on the person.

(5) A non-discrimination notice shall—

(a) specify the act or omission constituting the discrimination, contravention or failure referred to in subsection (1) to which the non-discrimination notice relates,

(b) require the person on whom it is served not to commit the act or omission constituting the discrimination or contravention or, where appropriate, to comply with the equality clause or equal remuneration term,

(c) specify, in the case of a discrimination, what steps the Authority requires to be taken by the person on whom it is served in order not to commit the discrimination,

(d) require the person on whom it is served, within a period specified in the non-discrimination notice, to inform the Authority and any other persons so specified of the steps taken in order to comply with the notice, and

(e) require the person on whom it is served, within a period specified in the non-discrimination notice, to supply the Authority with any additional information so specified.