Regulationseuropean Communities (Burden of Proof in Gender Discrimination Cases) Regulations, 2001

• Jurisdiction: Ireland
• Citation: IR SI 337/2001
• Year: 2001

I, JOHN O'DONOGHUE, T.D., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 97/80/EC of 15 December 19971 , make the following Regulations:

1. These Regulations may be cited as the European Communities (Burden of Proof in Gender Discrimination Cases) Regulations, 2001.

Interpretation

2. (1) In these Regulations, unless the context otherwise requires -

“Act of 1977” means the Unfair Dismissals Act, 1977 (No. 10 of 1977);

“Act of 1994” means the Maternity Protection Act, 1994 (No. 34 of 1994);

“Act of 1998” means the Employment Equality Act, 1998 (No. 21 of 1998), and includes any enactment repealed by it;

“discrimination” means:

(a) an unfair dismissal (within the meaning of the Act of 1977) of a woman resulting wholly or mainly from -

(i) her pregnancy, giving birth or breastfeeding or any matters connected therewith, or

(ii) the exercise or proposed exercise by her of a right under the Act of 1994 to any form of protective leave or natal care absence,

(b) a failure, being a failure which gives rise to a dispute to which Part V of the Act of 1994 applies, to comply with a provision of that Act,

(c) a discriminatory action on the gender ground which is in contravention of the Act of 1998, including a failure on that ground to comply with an equal remuneration term or to comply with a gender equality clause, or a failure so to comply with a similar term or clause under any enactment repealed by that Act,

(d) the inclusion in a collective agreement of -

(i) a provision in which differences in rates of remuneration are based on the gender ground and which conflicts with an equal remuneration term in a contract of employment, or

(ii) a provision which gives rise to discrimination on the gender ground in relation to any of the following matters:

(I) access to employment,

(II) conditions of employment,

(III) training or experience for or in relation to employment,

(IV) promotion or regarding, or

(V) classification of posts,

(e) victimisation;

“indirect discrimination” shall be construed by reference to section 19(4) or 22, as the case may be, of the Act of 1998, as amended by Regulation 4 of these Regulations;

victimisation” means a dismissal from employment or other penalisation of a complainant which is solely or mainly occasioned by the...