Equality Act, 2004

• Jurisdiction: Ireland
• Citation: IR No. 24/2004

Number 24 of 2004
EQUALITY ACT 2004
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section 1. Short title, collective citations and construction. 2. Interpretation.
PART 2
Amendments to Employment Equality Act 1998
3. Amendment of section 2. 4. Amendment of section 6. 5. Amendment of section 10. 6. Amendment of section 12. 7. New section 13A. 8. New section 14A. 9. Amendment of section 16. 10. Amendment of section 17. 11. Amendment of section 18. 12. Amendment of section 19. 13. Amendment of section 22. 14. Repeal of section 23. 15. Amendment of section 24. 16. Substitution of section 25. 17. Amendment of section 26. 18. Amendment of section 27. 19. Amendment of section 29. 20. Amendment of section 31. 21. Repeal of section 32. 22. Substitution of section 33. 23. Amendment of section 34. 24. Amendment of section 35. 25. Amendment of section 37. 26. Amendment of section 44. 27. Amendment of section 51. 28. Amendment of section 67. 29. Amendment of section 74. 30. Amendment of section 75. 31. Amendment of section 76. 32. Amendment of section 77. 33. New section 77A. 34. Amendment of section 78. 35. Amendment of section 79. 36. Amendment of section 82. 37. Amendment of section 85. 38. New section 85A. 39. Amendment of section 91. 40. Amendment of section 98. 41. New section 99A. 42. Amendment of section 101. 43. New section 101A. 44. Amendment of section 102. 45. Amendment of section 105. 46. Cesser of Labour Court jurisdiction to deal with claims for redress.
PART 3
Amendments to Equal Status Act 2000
47. Amendment of section 2. 48. Amendment of section 3. 49. Amendment of section 6. 50. Amendment of section 7. 51. Amendment of section 11. 52. Amendment of section 14. 53. Amendment of section 20. 54. Amendment of section 21. 55. New section 21A. 56. Substitution of section 22. 57. Amendment of section 23. 58. Amendment of section 24. 59. Amendment of section 25. 60. New section 25A. 61. Amendment of section 27. 62. Amendment of section 31. 63. New section 37A. 64. New section 38A. 65. Amendment of section 41.
PART 4
Amendment of Pensions Act1990
66. Amendment of Pensions Act 1990.
SCHEDULE
Amendments of Act of 1998 Referred to in Section 46
Acts Referred to Anti-Discrimination (Pay) Act 1974 1974, No. 15 Civil Service Commissioners Act 1956 1956, No. 45 Civil Service Regulations Acts 1956 to 1996 Employment Agency Act 1971 1971, No. 27 Employment Equality Act 1977 1977, No. 16 Employment Equality Act 1998 1998, No. 21 Employment Equality Acts 1998 and 2004 Employment Permits Act 2003 2003, No. 7 Equal Status Act 2000 2000, No. 8 Equal Status Acts 2000 and 2003 European Communities Acts 1972 to 2003 Harbours Act 1946 1946, No. 9 Health (Eastern Regional Health Authority) Act 1999 1999, No. 13 Immigration Act 1999 1999, No. 22 Immigration Act 2004 2004, No. 1 Industrial Relations Act 1990 1990, No. 19 Limited Partnerships Act 1907 1907, ch. 24 Local Government Act 2001 2001, No. 37 National Minimum Wage Act 2000 2000, No. 5 Pensions Act 1990 1990, No. 25 Pensions Acts 1990 to 2004 Protection of Employees (Fixed-Term Work) Act 2003 2003, No. 29 Protection of Employees (Part-Time Work) Act 2001 2001, No. 45 Protection of Young Persons (Employment) Act 1996 1996, No. 16 Redundancy Payments Act 1971 1971, No. 20 Redundancy Payments Act 1979 1979, No. 7 Redundancy Payments Acts 1967 to 1973 Refugee Act 1996 1996, No. 17 Social Welfare (Miscellaneous Provisions) Act 2004 2004, No. 9 Solicitors Act 1954 1954, No. 36 Unfair Dismissals Act 1977 1977, No. 10 Unfair Dismissals Acts 1977 to 1993
Number 24 of 2004
EQUALITY ACT 2004
AN ACT TO AMEND THE EMPLOYMENT EQUALITY ACT 1998, PENSIONS ACT 1990 AND EQUAL STATUS ACT 2000 FOR THE PURPOSE OF MAKING FURTHER AND BETTER PROVISION IN RELATION TO EQUALITY OF TREATMENT IN THE WORKPLACE AND ELSEWHERE; TO GIVE EFFECT TO COUNCIL DIRECTIVE 2000/43/EC OF 29 JUNE 2000 IMPLEMENTING THE PRINCIPLE OF EQUAL TREATMENT BETWEEN PERSONS IRRESPECTIVE OF RACIAL OR ETHNIC ORIGIN, COUNCIL DIRECTIVE 2000/78/EC OF 27 NOVEMBER 2000 ESTABLISHING A GENERAL FRAMEWORK FOR EQUAL TREATMENT IN EMPLOYMENT AND OCCUPATION AND DIRECTIVE 2002/73/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 23 SEPTEMBER 2002 AMENDING COUNCIL DIRECTIVE 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; AND TO REVOKE IN PART AND ENACT IN RESPECT OF PROCEEDINGS UNDER THIS ACT THE EUROPEAN COMMUNITIES (BURDEN OF PROOF IN GENDER DISCRIMINATION CASES) REGULATIONS 2001, WHICH GAVE EFFECT TO COUNCIL DIRECTIVE 97/80/EC OF 15 DECEMBER 19971 ON THE BURDEN OF PROOF IN CASES OF DISCRIMINATION BASED ON SEX. [18th July 2004]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title, collective citations and construction.	1.—(1) This Act may be cited as the Equality Act 2004.
	(2) Part 2 and the Employment Equality Act 1998 may be cited as the Employment Equality Acts 1998 and 2004 and shall be construed together as one.
	(3) Part 3 and the Equal Status Acts 2000 and 2003 may be cited as the Equal Status Acts 2000 to 2004 and shall be construed together as one.
	(4) Part 4 of this Act and the Pensions Acts 1990 to 2004 may be cited together as the Pensions Acts 1990 to 2004 and shall be construed together as one.
	Interpretation.	2.—In this Act, unless the context otherwise requires—
	“Act of 1998” means the Employment Equality Act 1998 ;
	“Act of 2000” means the Equal Status Act 2000 .
PART 2 Amendments to Employment Equality Act 1998
	Amendment of section 2.	3.—Section 2 (interpretation) of the Act of 1998 is amended—
	(a) in subsection (1)—
	(i) by substituting the following definitions for those of “contract of employment”, “the Director”, “discrimination”, “employee” and “proceedings”:
	“‘contract of employment’ means, subject to subsection (3)—
	(a) a contract of service or apprenticeship, or
	(b) any other contract whereby—
	(i) an individual agrees with another person personally to execute any work or service for that person, or
	(ii) an individual agrees with a person carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971 to do or perform personally any work or service for another person (whether or not the other person is a party to the contract),
	whether the contract is express or implied and, if express, whether oral or written;
	‘the Director’ means the Director of the Equality Tribunal;
	‘discrimination’ includes the issue of an instruction to discriminate and, in Parts V and VI, includes prohibited conduct within the meaning of the Equal Status Act 2000 , and cognate words shall be contrued accordingly;
	‘employee’, subject to subsection (3), means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and, where the context admits, includes a member or former member of a regulatory body, but, so far as regards access to employment, does not include a person employed in another person's home for the provision of personal services for persons residing in that home where the services affect the private or family life of those persons;
	‘proceedings’ means—
	(a) proceedings before the person, body or court dealing with a request or reference under this Act by or on behalf of a person, and
	(b) any subsequent proceedings, including proceedings on appeal, arising from the request or reference,
	but does not include proceedings for an offence under this Act;”,
	(ii) by substituting “section 12(2);” for “section 12(2).” in the definition of “vocational training” and by adding after that definition “and cognate words or expressions shall be construed accordingly.”,
	(iii) by inserting the following definitions:
	“‘collective agreement’ means an agreement between an employer and a body or bodies representative of the employees to which the agreement relates;
	‘personal services’, in relation to such services provided in a person's home, includes but is not limited to services that are in the nature of services in loco parentis or involve caring for those residing in the home;
	‘persons’, in sections 19, 22, 29 and 31 does not import the singular;
	‘provision’ means a term in a contract of employment or a requirement, criterion, practice, regime, policy or condition relating to employment;”,
	and
	(iv) by deleting the definition of “relevant characteristic”,
	(b) in subsection (3)—
	(i) by deleting “and” at the end of paragraph (b),
	(ii) by substituting “employer, and” for “employer.” in paragraph (c), and
	(iii) by adding the following paragraph:
	“(d) in the case of a contract mentioned in paragraph (b)(i) of the definition of ‘contract of employment’—
	(i) references in this Act to an employee shall be construed as references to the party to the contract who...