Equality Act 2004

Amendment of section 74.

29.—Section 74 (interpretation (Part VII)) of the Act of 1998 is amended—

(a) by the substitution of the following definition for that of “equality mediation officer” and “equality officer”:

“‘equality mediation officer’ and ‘equality officer’ mean officers appointed as such under subsection (4) or (4A) of section 75;”,

and

(b) by the substitution of the following subsections for subsection (2):

“(2) For the purposes of this Part victimisation occurs where dismissal or other adverse treatment of an employee by his or her employer occurs as a reaction to—

(a) a complaint of discrimination made by the employee to the employer,

(b) any proceedings by a complainant,

(c) an employee having represented or otherwise supported a complainant,

(d) the work of an employee having been compared with that of another employee for any of the purposes of this Act or any enactment repealed by this Act,

(e) an employee having been a witness in any proceedings under this Act or the Equal Status Act 2000 or any such repealed enactment,

(f) an employee having opposed by lawful means an act which is unlawful under this Act or the said Act of 2000 or which was unlawful under any such repealed enactment, or

(g) an employee having given notice of an intention to take any of the actions mentioned in the preceding paragraphs.

(3) For the purposes of sections 77, 78, 83, 87 and 90 the date on which a case is referred, or an appeal made, under those provisions is the date on which the reference or appeal is received by the Director, Labour Court or Circuit Court, as the case may be.”.