Equality Act 2004
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Amendment of section 22. |
13.—Section 22 (indirect discrimination on the gender ground) of the Act of 1998 is amended— | |
(a) by substituting the following subsections for subsection (1), as amended by the European Communities (Burden of Proof in Gender Discrimination Cases) Regulations 2001 ( S.I. No. 337 of 2001 ): | ||
“(1) (a) Indirect discrimination occurs where an apparently neutral provision puts persons of a particular gender (being As or Bs) at a particular disadvantage in respect of any matter other than remuneration compared with other employees of their employer. | ||
(b) Where paragraph (a) applies, the employer shall be treated for the purposes of this Act as discriminating against each of the persons referred to (including A or B), unless the provision is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. | ||
(1A) In any proceedings statistics are admissible for the purpose of determining whether subsection (1) applies in relation to A or B.”, | ||
and | ||
(b) by deleting subsection (4). |