Employment equality act, 1998

• Enactment Date: 18 June 1998
• Act Number: 21

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