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Number 21 of 1998
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EMPLOYMENT EQUALITY ACT, 1998
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ARRANGEMENT OF SECTIONS
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PART I
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Preliminary and General
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Section
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1.
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Short title and commencement.
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2.
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Interpretation.
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3.
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Orders and regulations.
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4.
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Expenses.
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5.
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Repeals and consequential amendments.
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PART II
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Discrimination: General Provisions
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Introductory
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6.
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Discrimination for the purposes of this Act.
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7.
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Like work.
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Discrimination in Specific Areas
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8.
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Discrimination by employers etc.
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9.
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Provisions in certain agreements and orders.
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10.
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Advertising.
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11.
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Employment agencies.
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12.
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Vocational training.
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13.
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Membership of certain bodies.
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14.
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Procuring etc. discrimination or victimisation.
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Vicarious Liability etc.
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15.
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Liability of employers and principals.
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Obligations of Employers etc.
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16.
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Nature and extent of employer's obligations in certain cases.
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17.
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Compliance with statutory requirements etc.
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PART III
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Specific Provisions as to Equality Between Women and Men
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Introductory
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18.
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Application of equality principles to both men and women.
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Remuneration
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19.
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Entitlement to equal remuneration.
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20.
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Implied term as to equal remuneration.
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Other Matters
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21.
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Equality clause relating to gender issues.
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22.
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Indirect discrimination on the gender ground.
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23.
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Sexual harassment in the workplace etc.
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24.
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Positive action on equal opportunities.
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25.
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Exclusion of discrimination in certain employments.
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26.
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Exceptions relating to family and personal matters.
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27.
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Garda Síochána and prison service.
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PART IV
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Specific Provisions as to Equality Between other Categories of Persons
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28.
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The comparators.
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29.
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Entitlement to equal remuneration.
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30.
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Equality clause relating to non-gender issues.
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31.
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Indirect discrimination.
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32.
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Harassment in the workplace etc.
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33.
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Positive action permitted.
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34.
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Savings and exceptions related to the family, age or disability.
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35.
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Special provisions related to persons with disabilities.
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36.
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Imposition of certain requirements to be lawful.
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37.
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Exclusion of discrimination on particular grounds in certain employments.
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PART V
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Equality Authority
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General
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38.
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Continuation of Employment Equality Agency as Equality Authority.
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39.
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Functions of Authority.
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40.
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Strategic Plans.
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41.
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Membership.
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42.
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Chairperson.
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43.
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Disqualification.
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44.
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Ordinary members.
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45.
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Chairperson and ordinary members may be re-appointed.
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46.
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Vice-chairperson.
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47.
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Meetings and business.
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48.
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Advisory committees.
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49.
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Chief Executive Officer.
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50.
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Accountability of Chief Executive Officer.
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51.
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Staff.
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52.
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Seal of Authority.
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53.
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Accounts and audits.
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54.
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Annual report and provision of information to Minister.
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55.
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Grants and borrowing powers.
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56.
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Codes of practice.
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57.
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Research and information.
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Inquiries by Authority
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58.
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Inquiries.
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59.
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Obtaining information etc. for purposes of inquiry.
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60.
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Offences relating to inquiries etc.
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61.
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Recommendations arising out of and reports of inquiries.
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62.
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Non-discrimination notices.
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63.
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Appeal against non-discrimination notice.
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64.
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Register of non-discrimination notices.
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65.
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Injunctions for failure to comply with non-discrimination notice.
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66.
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Offence relating to failure to comply with non-discrimination notice.
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67.
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Assistance by Authority in connection with certain references.
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PART VI
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Equality Reviews and Action Plans and Review of Legislation
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68.
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Definition (Part VI).
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69.
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Equality reviews and action plans.
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70.
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Enforcement powers in respect of equality reviews and action plans.
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71.
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Appeal against substantive notice.
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72.
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Enforcement of substantive notices.
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73.
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Review of legislation.
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PART VII
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Other Remedies and Enforcement
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Introductory
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74.
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Interpretation (Part VII).
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Equality Investigations
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75.
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Director of Equality Investigations and other officers.
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Redress
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76.
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Right to information.
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77.
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The forum for seeking redress.
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78.
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Mediation.
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79.
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Investigations by Director or the Labour Court.
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80.
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References to the Circuit Court.
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81.
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Consequences of failure to supply information etc.
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82.
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Redress which may be ordered.
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83.
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Appeals from the Director to the Labour Court.
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84.
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References by the Labour Court to the Director.
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85.
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Enforcement powers of the Authority.
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Collective Agreements
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86.
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Reference of collective agreements to Director.
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87.
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Mediation, decisions and appeals relating to collective agreements.
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Decisions and Determinations Generally
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88.
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Form and content of decisions and determinations.
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89.
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Supply and publication of decisions and determinations.
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90.
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Appeals and references from the Labour Court.
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Enforcement by Circuit Court
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91.
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Enforcement of determinations, decisions and mediated settlements.
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92.
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Additional powers of Circuit Court on enforcement.
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93.
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Compensation in lieu of re-instatement or re-engagement.
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Information
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94.
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Powers to enter premises, obtain information, etc.
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95.
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Requirements on persons to provide information.
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96.
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Sanctions for failure or refusal to supply documents, information, etc.
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97.
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Supplementary provisions as to information.
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Offences
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98.
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Penalty for dismissal of employee for exercising rights.
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99.
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Obstruction etc. of Director and other officers.
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100.
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Offences: general provisions.
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Supplementary
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101.
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Alternative avenues of redress.
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102.
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Striking out cases which are not pursued.
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103.
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Provisions relating to insolvency.
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104.
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Special provision as to Defence Forces.
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105.
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Amendment of Industrial Relations Act, 1990.
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Acts Referred to
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Adoptive Leave Act, 1995
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1995, No. 2
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Air Navigation and Transport Act, 1946
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1946, No. 23
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Anti-Discrimination (Pay) Act, 1974
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1974, No. 15
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Bankruptcy Act, 1988
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1988, No. 27
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Civil Service Commissioners Act, 1956
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1956, No. 45
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Civil Service Regulation Act, 1956
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1956, No. 46
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Civil Service Regulation Acts, 1956 to 1996
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Companies Act, 1963
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1963, No. 33
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Comptroller and Auditor General (Amendment) Act, 1993
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1993, No. 8
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Courts Act, 1981
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1981, No. 11
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Defence Act, 1954
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1954, No. 18
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Employment Agency Act, 1971
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1971, No. 27
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Employment Equality Act, 1977
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1977, No. 16
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European Parliament Elections Act, 1997
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1997, No. 2
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Finance Act, 1987
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1987, No. 10
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Health Act, 1970
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1970, No. 1
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Industrial Relations Act, 1946
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1946, No. 26
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Industrial Relations Act, 1969
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1969, No. 14
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Industrial Relations Act, 1990
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1990, No. 19
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Interpretation Act, 1937
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1937, No. 38
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Interpretation Acts, 1937 to 1997
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Irish Aviation Authority Act, 1993
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1993, No. 29
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Local Government Act, 1941
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1941, No. 23
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Maternity Protection Act, 1994
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1994, No. 34
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Merchant Shipping Act, 1947
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1947, No. 46
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Merchant Shipping (Certification of Seamen) Act, 1979
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1979, No. 37
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Pensions Act, 1990
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1990, No. 25
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Petty Sessions (Ireland) Act, 1851
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14 & 15 Vict., c. 9
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Employees (Employers' Insolvency) Act, 1984
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1984, No. 21
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Redundancy Payments Act, 1967
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1967, No. 21
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Solicitors Act, 1954
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1954, No. 36
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Trade Union Act, 1941
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1941, No. 22
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Transport (Miscellaneous Provisions) Act, 1971
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1971, No. 14
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Unfair Dismissals Acts, 1977 to 1993
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Number 21 of 1998
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EMPLOYMENT EQUALITY ACT, 1998
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AN ACT TO MAKE FURTHER PROVISION FOR THE PROMOTION OF EQUALITY BETWEEN EMPLOYED PERSONS; TO MAKE FURTHER PROVISION WITH RESPECT TO DISCRIMINATION IN, AND IN CONNECTION WITH, EMPLOYMENT, VOCATIONAL TRAINING AND MEMBERSHIP OF CERTAIN BODIES; TO MAKE FURTHER PROVISION IN CONNECTION WITH 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 AND 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; TO MAKE FURTHER PROVISION WITH RESPECT TO HARASSMENT IN EMPLOYMENT AND IN THE WORKPLACE; TO CHANGE THE NAME AND CONSTITUTION OF THE EMPLOYMENT EQUALITY AGENCY AND PROVIDE FOR THE ADMINISTRATION BY THAT BODY OF VARIOUS MATTERS PERTAINING TO THIS ACT; TO ESTABLISH PROCEDURES FOR THE INVESTIGATION AND REMEDYING OF VARIOUS MATTERS ARISING UNDER THIS ACT; TO REPEAL THE ANTI-DISCRIMINATION (PAY) ACT, 1974 , AND THE EMPLOYMENT EQUALITY ACT, 1977 , AND TO PROVIDE FOR RELATED MATTERS. [18th June, 1998]
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
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PART I
Preliminary and General
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Short title and commencement.
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1.—(1) This Act may be cited as the Employment Equality Act, 1998.
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(2) Except in so far as any provision of this Act provides expressly for the coming into operation of any such provision, this Act shall come into operation on such day as may be fixed by order made by the Minister, and different days may be so fixed for different provisions and for different purposes.
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Interpretation.
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2.—(1) In this Act, unless the context otherwise...
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