Employment Equality Act, 1998

• Jurisdiction: Ireland
• Citation: IR No. 21/1998

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Number 21 of 1998

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EMPLOYMENT EQUALITY ACT 1998

REVISED

Updated to 31 May 2022

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This Revised Act is an administrative consolidation of the Employment Equality Act 1998. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Finance (Covid-19 and Miscellaneous Provisions) Act 2022 (9/2022), enacted 2 June 2022, and all statutory instruments up to and including the Employment Equality Act 1998 (Section 20A) (Gender Pay Gap Information) Regulations 2022 (S.I. No. 264 of 2022), made 30 May 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 21 of 1998

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EMPLOYMENT EQUALITY ACT 1998

REVISED

Updated to 31 May 2022

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Employment Equality Acts 1998 to 2021: this Act is one of a group of Acts included in this collective citation (Gender Pay Gap Information Act 2021, s. 7(2)). The Acts in the group are:

• Employment Equality Act 1998 (21/1998)

• Equality Act 2004 (24/2004), Part 2

• Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), insofar as it relates to the previous two Acts

• Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), Part 16

• Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), ss. 18 to 26

• Equality (Miscellaneous Provisions) Act 2015 (43/2015), ss. 3 to 11

• Gender Pay Gap Information Act 2021 (20/2021), ss. 2 to 4

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Workplace Relations (Miscellaneous Provisions) Act 2021 (29/2021)

• Gender Pay Gap Information Act 2021 (20/2021)

• Credit Guarantee (Amendment) Act 2016 (1/2016)

• Equality (Miscellaneous Provisions) Act 2015 (43/2015)

• National Minimum Wage (Low Pay Commission) Act 2015 (22/2015)

• Workplace Relations Act 2015 (16/2015)

• Irish Human Rights and Equality Commission Act 2014 (25/2014)

• Social Welfare and Pensions Act 2014 (16/2014)

• Education and Training Boards Act 2013 (11/2013)

• Protection of Employees (Temporary Agency Work) Act 2012 (13/2012)

• Civil Law (Miscellaneous Provisions) Act 2011 (23/2011)

• Ministers and Secretaries (Amendment) Act 2011 (10/2011)

• Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

• Merchant Shipping Act 2010 (14/2010)

• Civil Law (Miscellaneous Provisions) Act 2008 (14/2008)

• Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007)

• Equality Act 2004 (24/2004)

• Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004)

• Public Service Management (Recruitment and Appointments) Act 2004 (33/2004)

• Redundancy Payments Act 2003 (14/2003)

• Equal Status Act 2000 (8/2000)

• Parental Leave Act 1998 (30/1998)

• Pensions Act 1990 (25/1990)

All Acts up to and including Finance (Covid-19 and Miscellaneous Provisions) Act 2022 (9/2022), enacted 2 June 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Employment Equality Act 1998 (Section 20A) (Gender Pay Gap Information) Regulations 2022 (S.I. No. 264 of 2022)

• Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020)

• Employment Equality Act 1998 (Section 12) (Reservation of Vocational Training Places) Order 2018 (S.I. No. 260 of 2018)

• Employment Equality Act 1998 (Withdrawal of Certain Claims) (Relevant Date) Regulations 2016 (S.I. No. 126 of 2016)

• Employment Equality Acts 1998 to 2011 (section 12) (Church of Ireland College of Education) Order 2013 (S.I. No. 288 of 2013)

• Equality Tribunal (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (S.I. No. 531 of 2012)

• Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2012 (S.I. No. 208 of 2012)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011)

• Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010)

• Employment Equality Act 1998 (Section 12) (Church of Ireland College of Education) Order 2008 (S.I. No. 251 of 2008)

• Employment Equality Act 1998 (section 12) (Church of Ireland College of Education) Order 2003 (S.I. No. 319 of 2003)

• Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2002 (S.I. No. 78 of 2002)

• European Communities (Burden of Proof in Gender Discrimination Cases) Regulations 2001 (S.I. No. 337 of 2001)

• Employment Equality Act 1998 (Section 12) (Church of Ireland College of Education) Order 2000 (S.I. No. 216 of 2000)

• Employment Equality Act 1998 (Section 76 Right to Information) Regulations 1999 (S.I. No. 321 of 1999)

• Employment Equality Act 1998 (Commencement) Order 1999 (S.I. No. 320 of 1999)

All statutory instruments up to and including Employment Equality Act 1998 (Section 20A) (Gender Pay Gap Information) Regulations 2022 (S.I. No. 264 of 2022), made 30 May 2022, were considered in the preparation of this revision.

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Number 21 of 1998

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EMPLOYMENT EQUALITY ACT 1998

REVISED

Updated to 31 May 2022

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ARRANGEMENT OF SECTIONS

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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

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Number 21 of 1998

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EMPLOYMENT EQUALITY ACT 1998

REVISED

Updated to 31 May 2022

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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...