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Table of Contents

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Employment Equality Act, 1998 (No. 21)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-5)1. Short title and commencement.2. Interpretation.3. Orders and regulations.4. Expenses.5. Repeals and consequential amendments.Part II Discrimination: General Provisions (ss. 6-17)Introductory (ss. 6-7)6. Discrimination for the purposes of this Act.7. Like work.Discrimination in Specific Areas (ss. 8-14B)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 agreementsVicarious Liability etc. (s. 15)15. Liability of employers and principals.Obligations of Employers etc. (ss. 16-17)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 (ss. 18-27)Introductory (s. 18)18. Application of equality principles to both men and women.Remuneration (ss. 19-20A)19. Entitlement to equal remuneration.20. Implied term as to equal remuneration.20A. Gender pay gap information.Other Matters (ss. 21-27)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 (ss. 28-37)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 (ss. 38-67)General (ss. 38-57)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 (ss. 58-67)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 (ss. 68-73)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 (ss. 74-106)Introductory (s. 74)74. Interpretation (Part VII).Equality Investigations (s. 75)75. Director General of the Workplace Relations Commission and other officers.Redress (ss. 76-85C)76. Right to information.77. The forum for seeking redress.77A. Dismissal of claim.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.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 (ss. 86-87)86. Reference of collective agreements to Director.87. Mediation, decisions and appeals relating to collective agreements.Decisions and Determinations Generally (ss. 88-90)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 (ss. 91-93)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 (ss. 94-97)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 (ss. 98-100)98. Penalty for dismissal of employee for exercising rights.99. Obstruction etc. of Director and other officers.99A. Award of expenses.100. Offences: general provisions.Supplementary (ss. 101-106)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.
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AI Summary of 18. Application of equality principles to both men and women.

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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 18 July 2004 - onwards
Version 3 of 3

18. Application of equality principles to both men and women.

(1)

(a) Subject to paragraph (b), for the purposes of this Part 'A' and 'B' represent 2 persons of opposite sex so that, where A is a woman, B is a man, and vice versa.

(b) For the purposes of this Part (except sections 19 and 20), where the treatment of a woman on a ground related to her pregnancy or maternity leave is, by virtue of section 6(2A), in issue, 'B' is either a man or a woman.

(2) Subject to subsection (1), nothing in this Act affects the operation of the Interpretation Acts, 1937 to 1997, in so far as they provide that, unless the contrary intention appears -

(a) words importing the masculine gender shall be construed as importing also the feminine gender, and

(b) words importing the feminine gender shall be construed as also importing the masculine gender.

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