Employment Equality Act, 1998

PART VII

Other Remedies and Enforcement

Introductory

Interpretation (Part VII).

74.—(1) In this Part, unless the context otherwise requires:

“the complainant” has the meaning given by section 77 (4);

“equality mediation officer” and “equality officer” shall be construed in accordance with subsections (3) and (4) of section 75 ;

“the Equal Pay Directive” means 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;

“the Equal Treatment Directive” means 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;

“the respondent” has the meaning given by section 77 (4);

“victimisation” shall be construed in accordance with subsection (2).

(2) For the purposes of this Part, victimisation occurs where the dismissal or other penalisation of the complainant was solely or mainly occasioned by the complainant having, in good faith—

(a) sought redress under this Act or any enactment repealed by this Act for discrimination or for a failure to comply with an equal remuneration term or an equality clause (or a similar term or clause under any such repealed enactment),

(b) opposed by lawful means an act which is unlawful under this Act or which was unlawful under any such repealed enactment,

(c) given evidence in any criminal or other proceedings under this Act or any such repealed enactment, or

(d) given notice of an intention to do anything within paragraphs (a) to (c).