IE
(LRC Revised)
Statutory Text (1 Articles)
Number 21 of 1998
EMPLOYMENT EQUALITY ACT 1998
REVISED
Updated to 31 May 2025
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
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 (Provision of Access to Cash Infrastructure) Act 2025
(4/2025), enacted 20 May 2025, and all statutory instruments up to and including
the
Employment Equality Act 1998 (Section 20A) (Gender Pay Gap Information) (Amendment)
Regulations 2025
(S.I. No. 212 of 2025), made 27 May 2025, 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.
Number
21
of
1998
EMPLOYMENT EQUALITY ACT 1998
REVISED
Updated to 31 May 2025
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.
13A.
Partnerships.
14.
Procuring etc. discrimination or victimisation.
14A.
Harassment and sexual harassment.
14B.
Non-disclosure agreements.
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.
20A.
Gender pay gap
information.
Other Matters
21.
Equality clause relating to gender issues.
22.
Indirect discrimination on the gender ground.
23.
Sexual harassment in the
workplace etc.
(Repealed)
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.
(Repealed)
39.
Functions of Authority.
(Repealed)
40.
Strategic Plans.
(Repealed)
41.
Membership.
(Repealed)
42.
Chairperson.
(Repealed)
43.
Disqualification.
(Repealed)
44.
Ordinary members.
(Repealed)
45.
Chairperson and ordinary
members may be re-appointed.
(Repealed)
46.
Vice-chairperson.
(Repealed)
47.
Meetings and business.
(Repealed)
48.
Advisory committees.
(Repealed)
49.
Chief Executive
Officer.
(Repealed)
50.
Accountability of Chief
Executive Officer.
(Repealed)
51.
Staff.
(Repealed)
52.
Seal of Authority.
(Repealed)
53.
Accounts and audits.
(Repealed)
54.
Annual report and provision of
information to Minister.
(Repealed)
55.
Grants and borrowing
powers.
(Repealed)
56.
Codes of practice.
(Repealed)
57.
Research and
information.
(Repealed)
Inquiries by Authority
58.
Inquiries.
(Repealed)
59.
Obtaining information etc. for
purposes of inquiry.
(Repealed)
60.
Offences relating to inquiries
etc.
(Repealed)
61.
Recommendations arising out of
and reports of inquiries.
(Repealed)
62.
Non-discrimination
notices.
(Repealed)
63.
Appeal against
non-discrimination notice.
(Repealed)
64.
Register of non-discrimination
notices.
(Repealed)
65.
Injunctions for failure to
comply with non-discrimination notice.
(Repealed)
66.
Offence relating to failure to
comply with non-discrimination notice.
(Repealed)
67.
Assistance by Authority in
connection with certain references.
(Repealed)
PART VI
Equality Reviews and Action Plans and Review of Legislation
68.
Definition (
Part
VI
).
(Repealed)
69.
Equality reviews and action
plans.
(Repealed)
70.
Enforcement powers in respect
of equality reviews and action plans.
(Repealed)
71.
Appeal against substantive
notice.
(Repealed)
72.
Enforcement of substantive
notices.
(Repealed)
73.
Review of legislation.
(Repealed)
PART VII
Other Remedies and Enforcement
Introductory
74.
Interpretation (
Part VII
).
Equality Investigations
75.
Director General of the
Workplace Relations Commission and other officers.
Redress
76.
Right to information.
77.
The forum for seeking redress.
77A.
Dismissal of claim.
78.
Mediation.
79.
Investigations by Director
General of the Workplace Relations Commission.
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 General of the Workplace Relations Commission].
84.
References by the Labour Court to the [Director General of the Workplace Relations
Commission.]
85.
Enforcement powers of the Authority.
85A.
Burden of proof.
85B.
Application to Circuit Court or High Court in case of failure to comply
with regulations made under section 20A.
85C.
Redress through Workplace Relations Commission.
Collective Agreements
86.
Reference of collective agreements to [Director General of the Workplace Relations
Commission].
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.
(Repealed)
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 General of the Workplace Relations Commission] and other
officers.
99A.
Award of expenses.
100.
Offences: general provisions.
Supplementary
101.
Alternative avenues of redress.
101A.
Parallel claims.
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.
106.
Transitional provision.
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
REVISED
Updated to 31 May 2025
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. [18
th June
, 1998]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering text)
C1
Functions
transferred and references construed (14.10.2020) by
Disability, Equality,
Human Rights, Integration and Reception (Transfer of Departmental
Administration and Ministerial Functions) Order 2020
(S.I. No. 436 of
2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to
transitional provisions in arts. 4-8.
Note change of name of Department
and title of Minister to Department of and Minister for Children, Equality,
Disability, Integration and Youth made (15.10.2020) by
Children and Youth
Affairs (Alteration of Name of Department and Title of Minister) Order 2020
(S.I. No. 437 of 2020), in effect as per art. 1(2).
2. (1) The administration
and business in connection with the exercise, performance or execution of
any functions transferred by Article 3 are transferred to the Department of
Children and Youth Affairs.
(2) References to the
Department of Justice and Equality contained in any Act or instrument made
under such Act and relating to any administration and business transferred
by paragraph (1) of this Article shall, on and after the commencement of
this Order, be construed as references to the Department of Children and
Youth Affairs.
3. (1) The functions vested
in the Minister for Justice and Equality -
(a) by or under the
enactments specified in Schedule 1, and
...
are transferred to the
Minister for Children and Youth Affairs.
...
(3) References to the
Minister for Justice and Equality contained in any Act or instrument made
under such Act, and relating to any functions transferred by this Article
shall, on and after the commencement of this Order, be construed as
references to the Minister for Children and Youth Affairs.
SCHEDULE 1
Article 3(1)(a)
Enactments, functions by
or under which are transferred from the Minister for Justice and Equality to
the Minister for Children and Youth Affairs
...
Employment Equality Acts 1998 to
2015, other than section 27(2) and section 37(4) (inserted by Part 2 of
the Equality Act 2004 (No. 24 of 2004)) of the Employment Equality Act 1998 (No.
21 of 1998)
...
C2
Mediation services under collectively cited
Employment Equality Acts 1998 to 2011
excluded from application of
Freedom of Information Act 2014
by
Freedom of Information Act 2014
(30/2014), s. 6(2) and sch. 1 part 1 para. (k); as substituted (1.10.2015) by
National Minimum Wage (Low Pay Commission) Act 2015
(22/2015), s. 19(1), commenced by S.I. No. 410 of 2015 as per subs. (2).
Public bodies
6.
— ...
(2) (a) An entity specified in Part 1 of Schedule 1 (“the parent entity”) shall, subject to the provisions of that Part, be a public body for the purposes
of this Act.
...
SCHEDULE 1
Section 6
Part 1
Partially Included Agencies
Section 6 does not include a reference to—
...
[
(k) the Workplace Relations Commission—
(i) insofar as it relates to records concerning the provision of mediation services
under the Employment Equality Acts 1998 to 2011, the Equal Status Acts 2000 to 2012
or the Pensions Acts 1990 to 2014, where parties to the process are participating
in a voluntary capacity to try to settle such disputes, or
(ii) insofar as it relates to records concerning—
(I) the referral of a complaint or dispute for resolution under section 39 of the
Workplace Relations Act 2015,
(II) attempts made in accordance with that section to resolve any such complaint or
dispute, or
(III) the resolution of any such complaint or dispute in accordance with that section.
]
C3
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions) Order
2011
(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2),
subject to transitional provisions in arts. 6-9.
2. (1) The administration and
business in connection with the performance of any functions transferred by this
Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department
of Finance contained in any Act or instrument made thereunder and relating to the
administration and business transferred by paragraph (1) shall, on and after the
commencement of this Order, be construed as references to the Department of Public
Expenditure and Reform.
3. The functions conferred on the
Minister for Finance by or under the provisions of —
(a) the enactments specified in
Schedule 1, and
(b) the statutory instruments
specified in Schedule 2,
are transferred to the Minister
for Public Expenditure and Reform.
...
5. References to the Minister for
Finance contained in any Act or instrument under an Act and relating to any
functions transferred by this Order shall, from the commencement of this Order, be
construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
...
...
...
No. 21 of 1998
Employment Equality Act 1998
Sections 42(1) and (2), 44(2) and (4), 46(2), 48(3) and (4), 51, 55(1), 59(4) and
75(1), (2) and (4A)
...
...
...
C4
Application of Act restricted (3.07.2010) by
Merchant Shipping Act 2010
(14/2010), s. 87(10), commenced on enactment.
Maritime Labour Convention 2006.
87.
—...
(10) In relation to discrimination on the age or disability ground nothing in the
Employment Equality Act 1998 renders unlawful any act done in compliance with this
section or any regulation made under this section.
C5
Power to make regulations for purposes of Act provided (25.10.2000) by
Equal Status Act 2000
(8/2000), s. 41(2), S.I. No. 351 of 2000.
Regulations.
41.
— ...
(2) The Minister may by regulations specify, in cases where provision is not otherwise
made in that behalf by regulations under this Act or the Employment Equality Act,
1998 —
(a) procedures to be followed by the Director or, as the case may be, the Labour Court,
in carrying out functions under this Act or the Employment Equality Act, 1998, and
(b) time limits applicable to the carrying out of such functions, including procedures
for extending those limits in certain circumstances.
...
C6
Application of Act restricted in certain circumstances by
Pensions Act 1990
(25/1990), s. 81H(7) as inserted (5.04.2004) by
Social Welfare (Miscellaneous Provisions) Act 2004
(9/2004), s. 22, S.I. No. 141 of 2004.
Redress which may be ordered.
81H.
— ...
(7) Where an act constitutes victimisation both under this Part and the Employment
Equality Act 1998 or the Equal Status Act 2000, redress may be provided under only
one of them.
Editorial Notes
E1
Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by
Workplace Relations Act 2015
(16/2015), s. 2 and sch. 1 part 1 item 15, S.I. No. 338 of 2015, with the following
effects
• Authorised officers or inspectors under employment enactments deemed to be appointed
under
Workplace Relations Act 2015
(16/2015), s. 26(2) and subject to termination under s. 26(4).
• Powers of inspectors for purposes of relevant enactments defined in
Workplace Relations Act 2015
(16/2015), s. 27.
• Workplace Relations Commission, an inspector or an adjudication officer authorised
to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by
Workplace Relations Act 2015
(16/2015) s. 31(5).
• Power of Workplace Relations Commission and official body to disclose information
to each other concerning the commission of offence under relevant enactment provided
by
Workplace Relations Act 2015
(16/2015), s. 32.
• Power of Workplace Relations Commission and contracting authority to disclose information
to each other concerning the commission of offence under employment enactment/ relevant
enactment provided by
Workplace Relations Act 2015
(16/2015), s. 33.
• Powers of Minister to prosecute under relevant enactments transferred to Workplace
Relations Commission and references construed by
Workplace Relations Act 2015
(16/2015), s. 37.
• Functions of EAT to hear claims under employment enactments transferred to Workplace
Relations Commission and references to EAT construed by
Workplace Relations Act 2015
(16/2015) s. 66(1), (2), not commenced as of date of revision.
E2
Obligation imposed on Irish Human Rights and Equality Commission to provide information
to the public and keep under review the effectiveness of the working of collectively
cited
Employment Equality Acts 1998 to 2011
(1.11.2014) by
Irish Human Rights and Equality Commission Act 2014
(25/2014), s. 30(1)(b)(i), S.I. No. 449 of 2014.
E3
Claims under Act excluded
from delegation (15.04.2014) by
National Treasury Management Agency (Delegation
of Claims Management Functions) Order 2014
(S.I. No. 182 of 2014), art.
4(c).
E4
Approved code of practice for purposes of Act declared (31.05.2012) by
Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2002
(S.I. No. 208 of 2012), art. 2 and sch.
E5
Previous affecting provision: functions transferred and “Minister
for Justice and Equality” and “Department of Justice and Equality”
construed (1.01.2013) by
Equality Tribunal (Transfer of Departmental
Administration and Ministerial Functions) Order 2012
(S.I. No. 531 of
2012), arts. 2, 3(1)(a), 3(2), commenced as per art. 1(2); superseded as per
C-note above.
E6
Previous affecting provisions: certain functions in relation to Act
transferred from Department of Community, Equality and Gaeltacht Affairs to
Department of Justice and Law Reform and term “Minister for Community,
Equality and Gaeltacht Affairs” construed (1.04.2011) by
Equality,
Integration, Disability and Human Rights (Transfer of Departmental
Administration and Ministerial Functions) Order 2011
(S.I. No. 139 of
2011), arts. 2 and 3, subject to transitional provisions; superseded as per E-note
above.
E7
Previous affecting provision: approved code of practice for purposes of Act declared
(8.03.2002) by
Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2012
(S.I. No. 78 of 2002), art. 2 and sch.; revoked (31.05.2012) by
Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2002
(S.I. No. 208 of 2012), art. 3.
E8
Previous affecting provision: certain functions in relation to Act transferred from
Department of Justice, Equality and Law Reform to Department of Community, Equality
and Gaeltacht Affairs (1.06.2010) by
Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration
and Ministerial Functions) Order 2010
(S.I. No. 217 of 2010); re-transferred as per C-note above.
Annotations
Modifications (not altering text)
C1
Functions
transferred and references construed (14.10.2020) by
Disability, Equality,
Human Rights, Integration and Reception (Transfer of Departmental
Administration and Ministerial Functions) Order 2020
(S.I. No. 436 of
2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to
transitional provisions in arts. 4-8.
Note change of name of Department
and title of Minister to Department of and Minister for Children, Equality,
Disability, Integration and Youth made (15.10.2020) by
Children and Youth
Affairs (Alteration of Name of Department and Title of Minister) Order 2020
(S.I. No. 437 of 2020), in effect as per art. 1(2).
2. (1) The administration
and business in connection with the exercise, performance or execution of
any functions transferred by Article 3 are transferred to the Department of
Children and Youth Affairs.
(2) References to the
Department of Justice and Equality contained in any Act or instrument made
under such Act and relating to any administration and business transferred
by paragraph (1) of this Article shall, on and after the commencement of
this Order, be construed as references to the Department of Children and
Youth Affairs.
3. (1) The functions vested
in the Minister for Justice and Equality -
(a) by or under the
enactments specified in Schedule 1, and
...
are transferred to the
Minister for Children and Youth Affairs.
...
(3) References to the
Minister for Justice and Equality contained in any Act or instrument made
under such Act, and relating to any functions transferred by this Article
shall, on and after the commencement of this Order, be construed as
references to the Minister for Children and Youth Affairs.
SCHEDULE 1
Article 3(1)(a)
Enactments, functions by
or under which are transferred from the Minister for Justice and Equality to
the Minister for Children and Youth Affairs
...
Employment Equality Acts 1998 to
2015, other than section 27(2) and section 37(4) (inserted by Part 2 of
the Equality Act 2004 (No. 24 of 2004)) of the Employment Equality Act 1998 (No.
21 of 1998)
...
C2
Mediation services under collectively cited
Employment Equality Acts 1998 to 2011
excluded from application of
Freedom of Information Act 2014
by
Freedom of Information Act 2014
(30/2014), s. 6(2) and sch. 1 part 1 para. (k); as substituted (1.10.2015) by
National Minimum Wage (Low Pay Commission) Act 2015
(22/2015), s. 19(1), commenced by S.I. No. 410 of 2015 as per subs. (2).
Public bodies
6.
— ...
(2) (a) An entity specified in Part 1 of Schedule 1 (“the parent entity”) shall, subject to the provisions of that Part, be a public body for the purposes
of this Act.
...
SCHEDULE 1
Section 6
Part 1
Partially Included Agencies
Section 6 does not include a reference to—
...
[
(k) the Workplace Relations Commission—
(i) insofar as it relates to records concerning the provision of mediation services
under the Employment Equality Acts 1998 to 2011, the Equal Status Acts 2000 to 2012
or the Pensions Acts 1990 to 2014, where parties to the process are participating
in a voluntary capacity to try to settle such disputes, or
(ii) insofar as it relates to records concerning—
(I) the referral of a complaint or dispute for resolution under section 39 of the
Workplace Relations Act 2015,
(II) attempts made in accordance with that section to resolve any such complaint or
dispute, or
(III) the resolution of any such complaint or dispute in accordance with that section.
]
C3
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by
Finance (Transfer of Departmental Administration and Ministerial Functions) Order
2011
(S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2),
subject to transitional provisions in arts. 6-9.
2. (1) The administration and
business in connection with the performance of any functions transferred by this
Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department
of Finance contained in any Act or instrument made thereunder and relating to the
administration and business transferred by paragraph (1) shall, on and after the
commencement of this Order, be construed as references to the Department of Public
Expenditure and Reform.
3. The functions conferred on the
Minister for Finance by or under the provisions of —
(a) the enactments specified in
Schedule 1, and
(b) the statutory instruments
specified in Schedule 2,
are transferred to the Minister
for Public Expenditure and Reform.
...
5. References to the Minister for
Finance contained in any Act or instrument under an Act and relating to any
functions transferred by this Order shall, from the commencement of this Order, be
construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
...
...
...
No. 21 of 1998
Employment Equality Act 1998
Sections 42(1) and (2), 44(2) and (4), 46(2), 48(3) and (4), 51, 55(1), 59(4) and
75(1), (2) and (4A)
...
...
...
C4
Application of Act restricted (3.07.2010) by
Merchant Shipping Act 2010
(14/2010), s. 87(10), commenced on enactment.
Maritime Labour Convention 2006.
87.
—...
(10) In relation to discrimination on the age or disability ground nothing in the
Employment Equality Act 1998 renders unlawful any act done in compliance with this
section or any regulation made under this section.
C5
Power to make regulations for purposes of Act provided (25.10.2000) by
Equal Status Act 2000
(8/2000), s. 41(2), S.I. No. 351 of 2000.
Regulations.
41.
— ...
(2) The Minister may by regulations specify, in cases where provision is not otherwise
made in that behalf by regulations under this Act or the Employment Equality Act,
1998 —
(a) procedures to be followed by the Director or, as the case may be, the Labour Court,
in carrying out functions under this Act or the Employment Equality Act, 1998, and
(b) time limits applicable to the carrying out of such functions, including procedures
for extending those limits in certain circumstances.
...
C6
Application of Act restricted in certain circumstances by
Pensions Act 1990
(25/1990), s. 81H(7) as inserted (5.04.2004) by
Social Welfare (Miscellaneous Provisions) Act 2004
(9/2004), s. 22, S.I. No. 141 of 2004.
Redress which may be ordered.
81H.
— ...
(7) Where an act constitutes victimisation both under this Part and the Employment
Equality Act 1998 or the Equal Status Act 2000, redress may be provided under only
one of them.
Editorial Notes
E1
Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by
Workplace Relations Act 2015
(16/2015), s. 2 and sch. 1 part 1 item 15, S.I. No. 338 of 2015, with the following
effects
• Authorised officers or inspectors under employment enactments deemed to be appointed
under
Workplace Relations Act 2015
(16/2015), s. 26(2) and subject to termination under s. 26(4).
• Powers of inspectors for purposes of relevant enactments defined in
Workplace Relations Act 2015
(16/2015), s. 27.
• Workplace Relations Commission, an inspector or an adjudication officer authorised
to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by
Workplace Relations Act 2015
(16/2015) s. 31(5).
• Power of Workplace Relations Commission and official body to disclose information
to each other concerning the commission of offence under relevant enactment provided
by
Workplace Relations Act 2015
(16/2015), s. 32.
• Power of Workplace Relations Commission and contracting authority to disclose information
to each other concerning the commission of offence under employment enactment/ relevant
enactment provided by
Workplace Relations Act 2015
(16/2015), s. 33.
• Powers of Minister to prosecute under relevant enactments transferred to Workplace
Relations Commission and references construed by
Workplace Relations Act 2015
(16/2015), s. 37.
• Functions of EAT to hear claims under employment enactments transferred to Workplace
Relations Commission and references to EAT construed by
Workplace Relations Act 2015
(16/2015) s. 66(1), (2), not commenced as of date of revision.
E2
Obligation imposed on Irish Human Rights and Equality Commission to provide information
to the public and keep under review the effectiveness of the working of collectively
cited
Employment Equality Acts 1998 to 2011
(1.11.2014) by
Irish Human Rights and Equality Commission Act 2014
(25/2014), s. 30(1)(b)(i), S.I. No. 449 of 2014.
E3
Claims under Act excluded
from delegation (15.04.2014) by
National Treasury Management Agency (Delegation
of Claims Management Functions) Order 2014
(S.I. No. 182 of 2014), art.
4(c).
E4
Approved code of practice for purposes of Act declared (31.05.2012) by
Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2002
(S.I. No. 208 of 2012), art. 2 and sch.
E5
Previous affecting provision: functions transferred and “Minister
for Justice and Equality” and “Department of Justice and Equality”
construed (1.01.2013) by
Equality Tribunal (Transfer of Departmental
Administration and Ministerial Functions) Order 2012
(S.I. No. 531 of
2012), arts. 2, 3(1)(a), 3(2), commenced as per art. 1(2); superseded as per
C-note above.
E6
Previous affecting provisions: certain functions in relation to Act
transferred from Department of Community, Equality and Gaeltacht Affairs to
Department of Justice and Law Reform and term “Minister for Community,
Equality and Gaeltacht Affairs” construed (1.04.2011) by
Equality,
Integration, Disability and Human Rights (Transfer of Departmental
Administration and Ministerial Functions) Order 2011
(S.I. No. 139 of
2011), arts. 2 and 3, subject to transitional provisions; superseded as per E-note
above.
E7
Previous affecting provision: approved code of practice for purposes of Act declared
(8.03.2002) by
Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2012
(S.I. No. 78 of 2002), art. 2 and sch.; revoked (31.05.2012) by
Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2002
(S.I. No. 208 of 2012), art. 3.
E8
Previous affecting provision: certain functions in relation to Act transferred from
Department of Justice, Equality and Law Reform to Department of Community, Equality
and Gaeltacht Affairs (1.06.2010) by
Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration
and Ministerial Functions) Order 2010
(S.I. No. 217 of 2010); re-transferred as per C-note above.
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.
13A.
Partnerships.
14.
Procuring etc. discrimination or victimisation.
14A.
Harassment and sexual harassment.
14B.
Non-disclosure agreements.
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.
20A.
Gender pay gap
information.
Other Matters
21.
Equality clause relating to gender issues.
22.
Indirect discrimination on the gender ground.
23.
Sexual harassment in the
workplace etc.
(Repealed)
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.
(Repealed)
39.
Functions of Authority.
(Repealed)
40.
Strategic Plans.
(Repealed)
41.
Membership.
(Repealed)
42.
Chairperson.
(Repealed)
43.
Disqualification.
(Repealed)
44.
Ordinary members.
(Repealed)
45.
Chairperson and ordinary
members may be re-appointed.
(Repealed)
46.
Vice-chairperson.
(Repealed)
47.
Meetings and business.
(Repealed)
48.
Advisory committees.
(Repealed)
49.
Chief Executive
Officer.
(Repealed)
50.
Accountability of Chief
Executive Officer.
(Repealed)
51.
Staff.
(Repealed)
52.
Seal of Authority.
(Repealed)
53.
Accounts and audits.
(Repealed)
54.
Annual report and provision of
information to Minister.
(Repealed)
55.
Grants and borrowing
powers.
(Repealed)
56.
Codes of practice.
(Repealed)
57.
Research and
information.
(Repealed)
Inquiries by Authority
58.
Inquiries.
(Repealed)
59.
Obtaining information etc. for
purposes of inquiry.
(Repealed)
60.
Offences relating to inquiries
etc.
(Repealed)
61.
Recommendations arising out of
and reports of inquiries.
(Repealed)
62.
Non-discrimination
notices.
(Repealed)
63.
Appeal against
non-discrimination notice.
(Repealed)
64.
Register of non-discrimination
notices.
(Repealed)
65.
Injunctions for failure to
comply with non-discrimination notice.
(Repealed)
66.
Offence relating to failure to
comply with non-discrimination notice.
(Repealed)
67.
Assistance by Authority in
connection with certain references.
(Repealed)
PART VI
Equality Reviews and Action Plans and Review of Legislation
68.
Definition (
Part
VI
).
(Repealed)
69.
Equality reviews and action
plans.
(Repealed)
70.
Enforcement powers in respect
of equality reviews and action plans.
(Repealed)
71.
Appeal against substantive
notice.
(Repealed)
72.
Enforcement of substantive
notices.
(Repealed)
73.
Review of legislation.
(Repealed)
PART VII
Other Remedies and Enforcement
Introductory
74.
Interpretation (
Part VII
).
Equality Investigations
75.
Director General of the
Workplace Relations Commission and other officers.
Redress
76.
Right to information.
77.
The forum for seeking redress.
77A.
Dismissal of claim.
78.
Mediation.
79.
Investigations by Director
General of the Workplace Relations Commission.
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 General of the Workplace Relations Commission].
84.
References by the Labour Court to the [Director General of the Workplace Relations
Commission.]
85.
Enforcement powers of the Authority.
85A.
Burden of proof.
85B.
Application to Circuit Court or High Court in case of failure to comply
with regulations made under section 20A.
85C.
Redress through Workplace Relations Commission.
Collective Agreements
86.
Reference of collective agreements to [Director General of the Workplace Relations
Commission].
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.
(Repealed)
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 General of the Workplace Relations Commission] and other
officers.
99A.
Award of expenses.
100.
Offences: general provisions.
Supplementary
101.
Alternative avenues of redress.
101A.
Parallel claims.
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.
106.
Transitional provision.
Number
21
of
1998