EMPLOYMENT EQUALITY ACT, 1998

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. [18th June, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I Preliminary and General

1. Short title and commencement.

1.—(1) This Act may be cited as the Employment Equality Act, 1998.

• (2) Except in so far as any provision of this Act provides expressly for the coming into operation of any such provision, this Act shall come into operation on such day as may be fixed by order made by the Minister, and different days may be so fixed for different provisions and for different purposes.

2. Interpretation.

2.—(1) In this Act, unless the context otherwise requires—

“act” includes a deliberate omission;

“advertisement” F1[includes every form of statement to the public and every form of advertisement, whether to the public or not] and whether in a newspaper or other publication, on television or radio or by display of a notice or by any other means, and references to the publishing of advertisements shall be construed accordingly;

“agency worker” means an employee whose contract of employment is as mentioned in paragraph (b) of the definition of such a contract in this subsection;

“associated employer” shall be construed in accordance with subsection (2);

“the Authority” means the Equality Authority;

F2["civil status" means being single, married, separated, divorced, widowed, in a civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or being a former civil partner in a civil partnership that has ended by death or been dissolved;]

F3["collective agreement" means an agreement between an employer and a body or bodies representative of the employees to which the agreement relates;]

F4["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;]

F4["the F5[Director General of the Workplace Relations Commission]" means the F5[Director General of the Workplace Relations Commission];]

“disability” means—

• (a) the total or partial absence of a person’s bodily or mental functions, including the absence of a part of a person’s body,

• (b) the presence in the body of organisms causing, or likely to cause, chronic disease or illness,

• (c) the malfunction, malformation or disfigurement of a part of a person’s body,

• (d) a condition or malfunction which results in a person learning differently from a person without the condition or malfunction, or

• (e) a condition, illness or disease which affects a person’s thought processes, perception of reality, emotions or judgement or which results in disturbed behaviour,

and shall be taken to include a disability which exists at present, or which previously existed but no longer exists, or which may exist in the future or which is imputed to a person;

F4[F6["discrimination" includes the issue of an instruction to discriminate and, in Part V and VI, includes prohibited conduct within the meaning of the Equal Status Act 2000, and cognate words shall be construed accordingly; ]]

“the discriminatory grounds” has the meaning given by section 6(2);

“dismissal” includes the termination of a contract of employment by the employee (whether prior notice of termination was or was not given to the employer) in circumstances in which, because of the conduct of the employer, the employee was or would have been entitled to terminate the contract without giving such notice, or it was or would have been reasonable for the employee to do so, and “dismissed” shall be construed accordingly;

F4["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;]

“employer”, subject to subsection (3), means, in relation to an employee, the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment;

“employment agency” (when not defined by reference to the Employment Agency Act, 1971) means a person who, whether for profit or otherwise, provides services related to the finding of employment for prospective employees or the supplying of employees to employers;

“equality clause” means a gender equality clause, as defined in section 21 or a non-discriminatory equality clause, as defined in section 30;

“equal remuneration term” means such a term of a contract as is specified in section 19(1), 20(1) or 29(1);

“family status” means responsibility—

• (a) as a parent or as a person in loco parentis in relation to a person who has not attained the age of 18 years, or

• (b) as a parent or the resident primary carer in relation to a person of or over that age with a disability which is of such a nature as to give rise to the need for care or support on a continuing, regular or frequent basis,

and, for the purposes of paragraph (b), a primary carer is a resident primary carer in relation to a person with a disability if the primary carer resides with the person with the disability;

“functions”, in relation to the Authority, includes powers and duties;

“like work” shall be construed in accordance with section 7;

F7[…]

“member of the family”, in relation to any person, means—

• (a) that person’s spouse F8[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], or

• (b) a brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant of that person or that person’s spouse F8[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010];

“the Minister” means the Minister for Justice, Equality and Law Reform;

“pension rights” means a pension or any other benefits flowing from an occupational pension scheme;

F4["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;]

F3["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;]

F3["persons", in sections 19, 22, 29 and 31 does not import the singular;]

“provider of agency work” shall be construed in accordance with subsection (5);

F3["provision" means a term in a contract of employment or a requirement, criterion, practice, regime, policy or condition relating to employment;]

“regulatory body” means a body which falls within any of paragraphs (a) to (c) of section 13;

F9[…]

“religious belief” includes religious background or outlook;

“remuneration”, in relation to an employee, does not include pension rights but, subject to that, includes any consideration, whether in cash or in kind, which the employee receives, directly or indirectly, from the employer in respect of the employment;

“sexual orientation” means heterosexual, homosexual or bisexual orientation;

“trade union” means a trade union which is the holder of a negotiation licence under Part II of the Trade Union Act, 1941;

F10["Traveller community" means the community of people commonly so called who are identified (both by themselves and others) as people with a shared history, culture and traditions including, historically, a nomadic way of life on the island of Ireland;]

“vocational training” shall be construed in accordance with F4[section 12(2);] F11[and cognate words or expressions shall be construed accordingly.]

• (2) For the purposes of this Act, two employers shall be taken to be associated if one is a body corporate of which the other (whether directly or indirectly) has control or if both are bodies corporate of which a third person (whether directly or indirectly) has control.

• (3) For the purposes of this Act—

• (a) a person holding office under, or in the service of, the State (including a member of the Garda Síochána or the Defence Forces) or otherwise as a civil servant, within the meaning of the Civil Service Regulation Act, 1956, shall be deemed to be an employee employed by the State or Government, as the case may be, under a contract of service,

• (b) an officer or servant of a local authority for the purposes of the Local Government Act, 1941, a harbour authority, a health board or a F12[member of staff of an education and training board] shall be deemed to be an employee employed by the authority F12[or board], as the case may be, under a contract of service, F9[…]

• (c) in relation to an agency worker, the person who is liable for the pay of the agency worker shall be deemed to be the employer.

• F11[(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 agrees personally to execute the work or service concerned and references to an employer as references to the person for whom it is to be executed,

• (ii) any comparisons to be made for any of those purposes shall be between persons personally executing work or service for the same person or an associated person under such a contract or contracts, and

• (iii) in particular, and without prejudice to the generaality of the foregoing, references in sections 19(4)(a) and 22(1)(a) to employees shall be construed as references to those persons.]

• (4) In this Act a reference to “conditions of employment” does not include remuneration or pension rights.

• (5) A person who, under a contract with an employment agency, within the meaning of the Employment Agency Act, 1971, obtains the services of one or more agency workers but is not their employer for the purposes of this Act is in this Act referred to, in relation to the agency workers, as the “provider of agency work”.

• (6) In this Act a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended.

• (7) In this Act a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

• (8) In this Act a reference to an enactment includes a reference to that enactment as amended by or under any other enactment, including this Act.

3. Orders and regulations.

3.—(1) Any power under this Act to make an order, other than under section 1(2), includes power to amend or revoke an order made in the exercise of that power.

• (2) Where an order is proposed to be made under this Act, other than an order under section 1(2) or subsection (3) or (5) of section 56, a draft of the order shall be laid before both Houses of the Oireachtas, and the order shall not be made until a resolution approving the draft has been passed by each such House.

• (3) The Minister may make regulations for the purpose of giving effect to this Act.

• (4) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

• (5) Any order or regulation made under this Act may contain such consequential, supplementary and ancillary provisions as the Minister considers necessary or expedient.

4. Expenses.

4.—Any expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

5. Repeals and consequential amendments.

5.—(1) Subject to subsection (2), the Anti-Discrimination (Pay) Act, 1974, and the Employment Equality Act, 1977, are hereby repealed.

• (2) F13[…]

• (3) In subsection (2) of section 4 (which relates to the deputy chairman of the Labour Court) of the Industrial Relations Act, 1969, to substitute “, this Act and the Employment Equality Act, 1998” for “and this Act”.

PART II Discrimination: General Provisions

Introductory

6. Discrimination for the purposes of this Act.

6.—F14[(1) For the purposes of this Act and without prejudice to its provisions relating to discrimination occurring in particular circumstances discrimination shall be taken to occur where—

• (a) a person is treated less favourably than another person is, has been or would be treated in a comparable situation on any of the grounds specified in subsection (2) (in this Act referred to as the "discriminatory grounds") which—

• (i) exists,

• (ii) existed but no longer exists,

• (iii) may exist in the future, or

• (iv) is imputed to the person concerned,

• (b) a person who is associated with another person—

• (i) is treated, by virtue of that association, less favourably than a person who is not so associated is, has been or would be treated in a comparable situation, and

• (ii) similar treatment of that other person on any of the discriminatory grounds would, by virtue of paragraph (a), constitute discrimination.]

• (2) As between any 2 persons, the discriminatory grounds (and the descriptions of those grounds for the purposes of this Act) are—

• (a) that one is a woman and the other is a man (in this Act referred to as “the gender ground”),

• (b) that they are of different F15[civil status] (in this Act referred to as “the F15[civil status] ground”),

• (c) that one has family status and the other does not (in this Act referred to as “the family status ground”),

• (d) that they are of different sexual orientation (in this Act referred to as “the sexual orientation ground”),

• (e) that one has a different religious belief from the other, or that one has a religious belief and the other has not (in this Act referred to as “the religion ground”),

• (f) that they are of different ages, but subject to subsection (3) (in this Act referred to as “the age ground”),

• (g) that one is a person with a disability and the other either is not or is a person with a different disability (in this Act referred to as “the disability ground”),

• (h) that they are of different race, colour, nationality or ethnic or national origins (in this Act referred to as “the ground of race”),

• (i) that one is a member of the F16[Traveller] community and the other is not (in this Act referred to as “the F16[Traveller] community ground”).

• F17[(2A) Without prejudice to the generality of subsections (1) and (2), discrimination on the gender ground shall be taken to occur where, on a ground related to her pregnancy or maternity leave, a woman employee is treated, contrary to any statutory requirement, less favourably than another employee is, has been or would be treated.]

• F14[(3)
• (a) The age ground applies only in relation to persons above the maximum age at which a person is statutorily obliged to attend school.

• (b) Notwithstanding subsection (1) and section 37(2), an employer may set a minimum age, not exceeding 18 years, for recruitment to a post.

• F18[(c) Offering a fixed term contract to a person over the compulsory retirement age for that employment or to a particular class or description of employees in that employment shall not be taken as constituting discrimination on the age ground if—

• (i) it is objectively and reasonably justified by a legitimate aim, and

• (ii) the means of achieving that aim are appropriate and necessary.]

• (d) Subsection (1)(b) of section 2 (exclusions) of the Unfair Dismissals Act 1977 is amended by deleting "or who on that date was a person to whom by reason of his age the Redundancy Payments Acts 1967 to 1973, did not apply" and inserting "or who on that date had not attained the age of 16 years".]

7. Like work.

7.—(1) Subject to subsection (2), for the purposes of this Act, in relation to the work which one person is employed to do, another person shall be regarded as employed to do like work if—

• (a) both perform the same work under the same or similar conditions, or each is interchangeable with the other in relation to the work,

• (b) the work performed by one is of a similar nature to that performed by the other and any differences between the work performed or the conditions under which it is performed by each either are of small importance in relation to the work as a whole or occur with such irregularity as not to be significant to the work as a whole, or

• (c) the work performed by one is equal in value to the work performed by the other, having regard to such matters as skill, physical or mental requirements, responsibility and working conditions.

• (2) In relation to the work which an agency worker is employed to do, no person except another agency worker may be regarded under subsection (1) as employed to do like work (and, accordingly, in relation to the work which a non-agency worker is employed to do, an agency worker may not be regarded as employed to do like work).

• (3) In any case where—

• (a) the remuneration received by one person (“the primary worker”) is less than the remuneration received by another (“the comparator”), and

• (b) the work performed by the primary worker is greater in value than the work performed by the comparator, having regard to the matters mentioned in subsection (1)(c),

then, for the purposes of subsection (1)(c), the work performed by the primary worker shall be regarded as equal in value to the work performed by the comparator.

Discrimination in Specific Areas

8. Discrimination by employers etc.

8.—(1) In relation to—

• (a) access to employment,

• (b) conditions of employment,

• (c) training or experience for or in relation to employment,

• (d) promotion or re-grading, or

• (e) classification of posts,

an employer shall not discriminate against an employee or prospective employee and a provider of agency work shall not discriminate against an agency worker.

• (2) For the purposes of this Act, neither an employer nor a provider of agency work shall be taken to discriminate against an agency worker unless (on one of the discriminatory grounds) that agency worker is treated less favourably than another agency worker is, has been or would be treated.

• (3) In subsections (4) to (8), references to an employee include references to an agency worker and, in relation to such a worker, references to the employer include references to the provider of agency work.

• (4) A person who is an employer shall not, in relation to employees or employment—

• (a) have rules or instructions which would result in discrimination against an employee or class of employees in relation to any of the matters specified in paragraphs (b) to (e) of subsection (1), or

• (b) otherwise apply or operate a practice which results or would be likely to result in any such discrimination.

• (5) Without prejudice to the generality of subsection (1), an employer shall be taken to discriminate against an employee or prospective employee in relation to access to employment if the employer discriminates against the employee or prospective employee—

• (a) in any arrangements the employer makes for the purpose of deciding to whom employment should be F19[offered,]

• (b) by specifying, in respect of one person or class of persons, entry requirements for employment which are not specified in respect of other persons or classes of persons, where the circumstances in which both such persons or classes would be employed are not F19[materially different, or]

• F20[(c) by publishing or displaying, or causing to be published or displayed, an advertisement which contravenes section 10(1) in so far as such advertisement relates to access to employment.]

• (6) Without prejudice to the generality of subsection (1), an employer shall be taken to discriminate against an employee or prospective employee in relation to conditions of employment if, on any of the discriminatory grounds, the employer does not offer or afford to that employee or prospective employee or to a class of persons of whom he or she is one—

• (a) the same terms of employment (other than remuneration and pension rights),

• (b) the same working conditions, and

• (c) the same treatment in relation to overtime, shift work, short time, transfers, lay-offs, redundancies, dismissals and disciplinary measures,

as the employer offers or affords to another person or class of persons, where the circumstances in which both such persons or classes are or would be employed are not materially different.

• (7) Without prejudice to the generality of subsection (1), an employer shall be taken to discriminate against an employee in relation to training or experience for, or in relation to, employment if, on any of the discriminatory grounds, the employer refuses to offer or afford to that employee the same opportunities or facilities for employment counselling, training (whether on or off the job) and work experience as the employer offers or affords to other employees, where the circumstances in which that employee and those other employees are employed are not materially different.

• (8) Without prejudice to the generality of subsection (1), an employer shall be taken to discriminate against an employee in relation to promotion if, on any of the discriminatory grounds—

• (a) the employer refuses or deliberately omits to offer or afford the employee access to opportunities for promotion in circumstances in which another eligible and qualified person is offered or afforded such access, or

• (b) the employer does not in those circumstances offer or afford the employee access in the same way to those opportunities.

9. Provisions in certain agreements and orders.

9.—(1) In a case where—

• (a) an agreement or order to which this section applies contains a provision in which differences in rates of remuneration are based on any of the discriminatory grounds, and

• (b) in relation to a person to whom the agreement or order relates, that provision conflicts with an equal remuneration term in that person’s contract of employment,

then, subject to subsection (4), that provision shall be null and void.

• (2) If an agreement or order to which this section applies contains a provision which does not fall within subsection (1) but which gives rise to discrimination in relation to any of the matters in paragraphs (a) to (e) of section 8(1) then, subject to subsection (4), that provision shall be null and void.

• (3) This section applies to the following agreements and orders, whether made before or after the coming into operation of this section:

• (a) collective agreements;

• (b) employment regulation orders, within the meaning of Part IV of the Industrial Relations Act, 1946; and

• (c) registered employment agreements, within the meaning of Part III of that Act.

• (4) In the case of a provision which—

• (a) is contained in an agreement or order made before the coming into operation of this section, and

• (b) is discriminatory on a ground other than the gender ground,

subsection (1) or, as the case may be, subsection (2) shall not apply until the first anniversary of the date on which this section comes into operation; and, accordingly, until that date, the equal remuneration term or equality clause in a person’s contract of employment shall not override any such provision of an agreement or order which relates to that person.

10. Advertising.

10.—(1) A person shall not publish or display, or cause to be published or displayed, an advertisement which relates to employment and which—

• (a) indicates an intention to discriminate, or

• (b) might reasonably be understood as indicating such an intention.

• F21[(2) For the purposes of subsection (1), where in an advertisement a word or phrase is used defining or describing a post and the word or phrase is one which—

• (a) connotes or refers to an individual of one sex or an individual having a characteristic mentioned in any of the discriminatory grounds (other than the gender ground), or

• (b) is descriptive of, or refers to, a post or occupation of a kind previously held or carried on only by the members of one sex or individuals having such a characteristic,

then, unless the advertisement indicates a contrary intention, the advertisement shall be taken as indicating an intention to discriminate on whichever discriminatory ground is relevant in the circumstances.]

• (3) Nothing in this section relates to an advertisement which, or to the extent to which it, specifies a requirement, restriction or other matter which relates to employment and which it would not be unlawful for the employer in question to impose, having regard to any other provision of this Part or of Part III or Part IV.

• (4) A person who, with a view to securing publication or display of an advertisement in contravention of subsection (1), makes a statement knowing it to be false shall, upon such publication or display, be guilty of an offence.

• (5) Without prejudice to subsection (4), if an advertisement is published or displayed and it appears to the High Court or the Circuit Court, on the motion of the Authority, that there are grounds for believing that publication or display of the advertisement may be in contravention of subsection (1), the court may grant an injunction preventing the appointment of any person to any post to which the advertisement relates until—

• (a) the decision of the F22[Director General of the Workplace Relations Commission] on a contemporaneous reference under section 85 of the publication or display of the advertisement, or

• (b) the court otherwise orders,

and, for the purpose of this subsection, a reference under section 85 shall be regarded as contemporaneous with a motion if it is made on the same day as the motion or not more than 14 days earlier or later.

• (6) The jurisdiction conferred on the Circuit Court by subsection (5) shall be exercised by the judge for the time being assigned to the circuit where the person by whom the advertisement was published or displayed (or caused to be published or displayed) ordinarily resides or carries on any profession, business or occupation.

11. Employment agencies.

11.—(1) Without prejudice to its obligations as an employer, an employment agency shall not discriminate against any person—

• (a) who seeks the services of the agency to obtain employment with another person, or

• (b) who seeks from the agency guidance as to a career or any other service (including training) related to the employment of that person.

• (2) Subsection (1) does not apply to the extent that the employment in question is such that an employer could lawfully refuse to offer it to the person concerned.

• (3) An employment agency shall not be under any liability under this section if it proves—

• (a) that it acted in reliance on a statement made to it by the employer concerned to the effect that, by reason of the operation of subsection (2), its action would not be unlawful, and

• (b) that it was reasonable for it to rely on the statement.

• (4) An employer who, with a view to obtaining the services of an employment agency, knowingly makes such a statement as is referred to in subsection (3) (a) which is false or misleading in a material respect shall be guilty of an offence.

• (5) Nothing in this Act shall make it unlawful for an employment agency to provide services exclusively for persons with disabilities or any class or description of such persons.

12. Vocational training.

12.—(1) Subject to subsection (7) any person, including an educational or training body, who offers a course of vocational training shall not, in respect of any such course offered to persons over the maximum age at which those persons are statutorily obliged to attend school, discriminate against a person (whether at the request of an employer, a trade union or a group of employers or trade unions or otherwise)—

• (a) in the terms on which any such course or related facility is offered,

• (b) by refusing or omitting to afford access to any such course or F23[facility,]

• (c) in the manner in which any such course or facility is F23[provided, or]

• F24[(d) by publishing or displaying, or causing to be published or displayed, an advertisement in contravention of section 10(1) in respect of any such course offered.]

• (2) In this section “vocational training” means any system of instruction which enables a person being instructed to acquire, maintain, bring up to date or perfect the knowledge or technical capacity required for the carrying on of an occupational activity and which may be considered as exclusively concerned with training for such an activity.

• (3) F25[…]

• (4) For the purposes of ensuring the availability of nurses to hospitals and teachers to primary schools which are under the direction or control of a body established for religious purposes or whose objectives include the provision of services in an environment which promotes certain religious values, and in order to maintain the religious ethos of the hospitals or primary schools, the prohibition of discrimination in subsection (1), in so far as it relates to discrimination on the religion ground, shall not apply in respect of—

• (a) the nomination of persons for admission to the School of Nursing pursuant to clause 24(4)(a) or (c) of the Adelaide Hospital Charter as substituted by paragraph 5(s) of the Health Act, 1970 (Section 76) (Adelaide and Meath Hospital, Dublin, incorporating the National Children’s Hospital) Order, 1996, or

• (b) places in a vocational training course specified in an order made under subsection (5).

• (5) Where an educational or training body applies to the Minister for Health and Children, in the case of hospitals, or to the Minister for Education and Science, in the case of primary schools, for an order permitting the body concerned to reserve places in a vocational training course offered by the body, the Minister for Health and Children or the Minister for Education and Science, as the case may be, may, with the consent of the Minister, by order allow the body to reserve places in such numbers as seem reasonably necessary to the Minister for Health and Children or the Minister for Education and Science, as the case may be, to meet the purposes set out in subsection (4).

• (6) Without prejudice to section 3(1), an order under subsection (5) may be revoked by a further order made by the Minister for Health and Children or the Minister for Education and Science, as the case may be, with the like consent; but any such revocation order shall contain transitional provisions safeguarding any person who took advantage of the effect of the order when it was in force.

• (7) F26[Without prejudice to section 3 of the Refugee Act, 1996, nothing in subsection (1)] shall make unlawful discrimination on the age ground or the ground of race in respect of any course of vocational training offered by F26[an educational] or training body where—

• (a) it provides different treatment in relation to—

• F27[(i) the fees for admission or attendance at any such course by persons who are citizens of Ireland, nationals of another Member State, nationals of the Swiss Confederation or nationals of a member state of the European Economic Area and persons who are not, or]

• (ii) the allocation of places on any such course to those citizens or nationals, or

• (b) it offers assistance to particular categories of persons by way of sponsorships, scholarships, bursaries or other awards, which assistance is reasonably justifiable, having regard to traditional or historical F26[considerations, or]

• F28[(c) in the case of a university or other third-level institution, it provides different treatment in the allocation of places on any such course to mature students (within the meaning of the Local Authorities (Higher Education Grants) Acts, 1968 to 1992).]

• F29[(8) In this section, "member state of the European Economic Area" means a state that is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by all subsequent amendments to that Agreement.]

13. Membership of certain bodies.

13.—F30[(1)]A body which—

• (a) is an organisation of workers or of employers,

• (b) is a professional or trade organisation, or

• (c) controls entry to, or the carrying on of, a profession, vocation or occupation,

shall not discriminate against a person in relation to membership of that body or any benefits, other than pension rights, provided by it or in relation to entry to, or the carrying on of, that profession, vocation or occupation.

• F30[(2) A body referred to in subsection (1) shall not discriminate against a person by publishing or displaying, or causing to be published or displayed, an advertisement in contravention of section 10(1) in so far as the advertisement relates to—

• (a) membership of that body or any benefits, other than pension rights, provided by it, or

• (b) entry to, or the carrying on of, a profession, vocation or occupation controlled by that body.]

13A. F31[Partnerships.

13A.—(1) This Act applies to a partner in a partnership as it applies to an employee and accordingly has effect with the modification that—

• (a) references to an employee include references to such a partner, and

• (b) references to an employer include references to a partnership,

and with any other necessary modifications.

• (2) In subsection (1) references to a partner shall be construed, in the case of a limited partnership, as references to a general partner, as defined in section 3 of the Limited Partnerships Act 1907.]

14. Procuring etc. discrimination or victimisation.

14.—A person who procures or attempts to procure another person to do anything which—

• (a) constitutes discrimination which is unlawful under this Act, or

• (b) constitutes victimisation for the purposes of Part VII,

shall be guilty of an offence.

14A. F32[Harassment and sexual harassment.

14A.—(1) For the purposes of this Act, where—

• (a) an employee (in this section referred to as "the victim") is harassed or sexually harassed either at a place where the employee is employed (in this section referred to as "the workplace") or otherwise in the course of his or her employment by a person who is—

• (i) employed at that place or by the same employer,

• (ii) the victim’s employer, or

• (iii) a client, customer or other business contact of the victim’s employer and the circumstances of the harassment are such that the employer ought reasonably to have taken steps to prevent it,

or

• (b) without prejudice to the generality of paragraph (a)—

• (i) such harassment has occurred, and

• (ii) either—

• (I) the victim is treated differently in the workplace or otherwise in the course of his or her employment by reason of rejecting or accepting the harassment, or

• (II) it could reasonably be anticipated that he or she would be so treated,

the harassment or sexual harassment constitutes discrimination by the victim’s employer in relation to the victim’s conditions of employment.

• (2) If harassment or sexual harassment of the victim by a person other than his or her employer would, but for this subsection, be regarded as discrimination by the employer under subsection (1), it is a defence for the employer to prove that the employer took such steps as are reasonably practicable—

• (a) in a case where subsection (1)(a) applies (whether or not subsection (1)(b) also applies), to prevent the person from harassing or sexually harassing the victim or any class of persons which includes the victim, and

• (b) in a case where subsection (1)(b) applies, to prevent the victim from being treated differently in the workplace or otherwise in the course of the victim’s employment and, if and so far as any such treatment has occurred, to reverse its effects.

• (3) A person’s rejection of, or submission to, harassment or sexual harassment may not be used by an employer as a basis for a decision affecting that person.

• (4) The reference in subsection (1)(a)(iii) to a client, customer or other business contact of the victim’s employer includes a reference to any other person with whom the employer might reasonably expect the victim to come into contact in the workplace or otherwise in the course of his or her employment.

• (5) In this section "employee" includes an individual who is—

• (a) seeking or using any service provided by an employment agency, and

• (b) participating in any course or facility referred to in paragraphs (a) to (c) of section 12(1),

and accordingly any reference to the individual’s employer includes a reference to the employment agency providing the service or, as the case may be, the person offering or providing the course or facility.

• (6) Where subsection (5) applies in relation to a victim, subsection (1) shall have effect as if for ‘in relation to the victim’s conditions of employment’ there were substituted ‘contrary to section 11’ or, as the case may be, section 12.

• (7)
• (a) In this section—

• (i) references to harassment are to any form of unwanted conduct related to any of the discriminatory grounds, and

• (ii) references to sexual harassment are to any form of unwanted verbal, non-verbal or physical conduct of a sexual nature,

being conduct which in either case has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.

• (b) Without prejudice to the generality of paragraph (a), such unwanted conduct may consist of acts, requests, spoken words, gestures or the production, display or circulation of written words, pictures or other material.]

14B. F33[Non-disclosure agreements.

14B.—(1) Subject to this section—

• (a) an employer shall not enter into a non-disclosure agreement, and

• (b) where such an agreement is entered into, it shall be null and void.

• (2) Subsection (1) shall not apply to—

• (a) a non-disclosure agreement entered into under—

• (i) the terms of a settlement referred to in section 24(4) of the Equal Status Act 2000, or

• (ii) the terms of a resolution referred to in section 39(4) of the Workplace Relations Act 2015,

or

• (b) an excepted non-disclosure agreement that is entered into in accordance with subsection (3).

• (3) An employer may enter into an excepted non-disclosure agreement with an employee only where—

• (a) the employee requests the employer to do so, and

• (b) prior to entering into the agreement, the employee has received independent legal advice in writing from a legal practitioner in relation to the legal implications of entering into the agreement.

• (4) The employer referred to in subsection (3) shall discharge the reasonable legal costs and expenses of the legal practitioner who provides the legal advice referred to in paragraph (b) of that subsection to the employee.

• (5) An excepted non-disclosure agreement shall—

• (a) be in writing,

• (b) be of unlimited duration, other than where the employee elects otherwise,

• (c) in so far as possible be in—

• (i) clear language that is easily understood, and

• (ii) a format that is easily accessible,

by the parties to the agreement, including by any party with a disability,

• (d) provide that the employee has a right, where he or she so elects, to withdraw from the agreement without penalty no later than 14 days from the date on which the agreement is entered into, and

• (e) include a provision stating that the agreement does not prohibit the making by the employee of a relevant disclosure in accordance with subsection (7).

• (6) Where an excepted non-disclosure agreement is entered into, the employer shall provide, or cause to be provided, to the employee a copy of the executed agreement.

• (7) An excepted non-disclosure agreement shall not prohibit the making by the employee concerned of a relevant disclosure to—

• (a) one or more of the following persons where, at the time of the making of the relevant disclosure, the person concerned is acting in the course of his or her office, employment, business, trade or profession:

• (i) a member of the Garda Síochána;

• (ii) a legal practitioner;

• (iii) a registered medical practitioner within the meaning of the Medical Practitioners Act 2007;

• (iv) a mental health professional;

• (v) an officer of the Revenue Commissioners;

• (vi) an officer of the Ombudsman;

• (vii) an official of a trade union,

or

• (b) such individual, or a member of such class of individuals, as may be specified in the agreement as a person to whom a relevant disclosure may be made by the employee.

• (8) The Minister shall—

• (a) not later than 5 years after the date on which this section comes into operation, conduct a review of the operation and effectiveness of the section,

• (b) not later than 6 months after the end of that period of 5 years, or on the completion of the review, whichever is the earlier, prepare a report, in writing, of the findings of the review and of the conclusions drawn from those findings, and

• (c) cause copies of the report to be laid before each House of the Oireachtas.

• (9) In this section—

"Act of 2005" means the Health and Social Care Professionals Act 2005;

"employee", in relation to an employer, includes, where appropriate, a prospective or former employee;

"excepted non-disclosure agreement" means a non-disclosure agreement that is entered into in accordance with subsections (5), (6) and (7);

"harassment" and "sexual harassment" shall be construed in accordance with section 14A(7);

"legal practitioner" has the same meaning as it has in the Legal Services Regulation Act 2015;

"mental health professional" means—

• (a) a psychologist who is a person—

• (i) who practises as such,

• (ii) who holds a qualification listed opposite the profession of psychologist in the third column of Schedule 3 to the Act of 2005 or a qualification that is a corresponding qualification, within the meaning of section 90 of that Act, to that qualification, and

• (iii) following the establishment under section 36 of the Act of 2005 of the register of members of the profession of psychologist, whose name is for the time being entered in that register,

or

• (b) a counsellor who is a person who—

• (i) practises as such, and

• (ii) has the requisite skills and judgement to provide counselling to a person to resolve or better cope with personal and interpersonal problems or difficulties;

"non-disclosure agreement" means an agreement, or provision thereof, whether or not in writing and howsoever described, between an employer and an employee that purports to preclude the making of a relevant disclosure by the employer or the employee, or both;

"relevant disclosure" means a disclosure of information relating to either or both of the following:

• (a) the making by the employee of an allegation that he or she was discriminated against, or subjected to victimisation, harassment or sexual harassment, in relation to his employment (or prospective employment) by the employer;

• (b) any action taken by the employer or employee in response to the making of the allegation referred to in paragraph (a), including any action taken in relation to any complaint made, or proceedings taken, by the employee in relation to the subject matter of the allegation;

"victimisation" shall be construed in accordance with section 74(2).]

Vicarious Liability etc.

15. Liability of employers and principals.

15.—(1) Anything done by a person in the course of his or her employment shall, in any proceedings brought under this Act, be treated for the purposes of this Act as done also by that person’s employer, whether or not it was done with the employer’s knowledge or approval.

• (2) Anything done by a person as agent for another person, with the authority (whether express or implied and whether precedent or subsequent) of that other person shall, in any proceedings brought under this Act, be treated for the purposes of this Act as done also by that other person.

• (3) In proceedings brought under this Act against an employer in respect of an act alleged to have been done by an employee of the employer, it shall be a defence for the employer to prove that the employer took such steps as were reasonably practicable to prevent the employee—

• (a) from doing that act, or

• (b) from doing in the course of his or her employment acts of that description.

Obligations of Employers etc.

16. Nature and extent of employer’s obligations in certain cases.

16.—(1) Nothing in this Act shall be construed as requiring any person to recruit or promote an individual to a position, to retain an individual in a position, or to provide training or experience to an individual in relation to a position, if the individual—

• (a) will not undertake (or, as the case may be, continue to undertake) the duties attached to that position or will not accept (or, as the case may be, continue to accept) the conditions under which those duties are, or may be required to be, performed, or

• (b) is not (or, as the case may be, is no longer) fully competent and available to undertake, and fully capable of undertaking, the duties attached to that position, having regard to the conditions under which those duties are, or may be required to be, performed.

• (2) In relation to—

• (a) the provision by an employment agency of services or guidance to an individual in relation to employment in a position,

• (b) the offer to an individual of a course of vocational training or any related facility directed towards employment in a position, and

• (c) the admission of an individual to membership of a regulatory body or into a profession, vocation or occupation controlled by a regulatory body,

subsection (1) shall apply, with any necessary modification, as it applies to the recruitment of an individual to a position.

• F34[(3)
• (a) For the purposes of this Act a person who has a disability is fully competent to undertake, and fully capable of undertaking, any duties if the person would be so fully competent and capable on reasonable accommodation (in this subsection referred to as "appropriate measures") being provided by the person’s employer.

• (b) The employer shall take appropriate measures, where needed in a particular case, to enable a person who has a disability—

• (i) to have access to employment,

• (ii) to participate or advance in employment, or

• (iii) to undergo training,

unless the measures would impose a disproportionate burden on the employer.

• (c) In determining whether the measures would impose such a burden account shall be taken, in particular, of—

• (i) the financial and other costs entailed,

• (ii) the scale and financial resources of the employer’s business, and

• (iii) the possibility of obtaining public funding or other assistance.]

• (4) In subsection (3)—

F35["appropriate measures", in relation to a person with a disability—

• (a) means effective and practical measures, where needed in a particular case, to adapt the employer’s place of business to the disability concerned,

• (b) without prejudice to the generality of paragraph (a), includes the adaptation of premises and equipment, patterns of working time, distribution of tasks or the provision of training or integration resources, but

• (c) does not include any treatment, facility or thing that the person might ordinarily or reasonably provide for himself or herself;]

“employer” includes an employment agency, a person offering a course of vocational training as mentioned in section 12(1) and a regulatory body; and accordingly references to a person who has a disability include—

• (a) such a person who is seeking or using any service provided by the employment agency,

• (b) such a person who is participating in any such course or facility as is referred to in paragraphs (a) to (c) of section 12(1), and

• (c) such a person who is a member of or is seeking membership of the regulatory F34[body. ]

F36[…]

• (5) Nothing in this Act shall be construed as requiring an employer to recruit, retain in employment or promote an individual if the employer is aware, on the basis of a criminal conviction of the individual or other reliable information, that the individual engages, or has a propensity to engage, in any form of sexual behaviour which is unlawful.

• (6) Without prejudice to the generality of subsection (5), that subsection applies in particular where the employment concerned involves access to minors or to other persons who are vulnerable.

17. Compliance with statutory requirements etc.

17.—(1) In relation to discrimination on the F37[civil status] ground, nothing in this Act shall render unlawful any act done in compliance with any provision of the Maternity Protection Act, 1994, or the Adoptive Leave Act, 1995.

• F38[(1A) In relation to discrimination on the disability ground, nothing in this Act shall render unlawful any act done in compliance with any provision of section 14C of the Maternity Protection Act 1994.]

• F39[(2) In relation to discrimination on the basis of nationality, nothing in this Act shall render unlawful any action taken in accordance with the F40[Employment Permits Act 2024].]

• (3) In relation to discrimination on the age ground or the disability ground, nothing in this Act shall render unlawful any act done in compliance with any provision made by or under—

• (a) sections 5, 9, 11 and 16 of the Air Navigation and Transport Act, 1946,

• (b) section 12 of the Merchant Shipping Act, 1947,

• (c) section 29 of the Transport (Miscellaneous Provisions) Act, 1971,

• (d) sections 3 and 8 of the Merchant Shipping (Certification of Seamen) Act, 1979, or

• (e) sections 5, 14, 58 and 60 of the Irish Aviation Authority Act, 1993.

• F41[(4) In relation to discrimination on the age ground, nothing in this Act shall render unlawful any act done in compliance with—

• (a) the Protection of Young Persons (Employment) Act 1996, or

• (b) the National Minimum Wage Act 2000.]

PART III Specific Provisions as to Equality Between Women and Men

Introductory

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

18.—F42[(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.

Remuneration

19. Entitlement to equal remuneration.

19.—(1) It shall be a term of the contract under which A is employed that, subject to this Act, A shall at any time be entitled to the same rate of remuneration for the work which A is employed to do as B who, at that or any other relevant time, is employed to do like work by the same or an associated employer.

• F43[(2) In this section "relevant time", in relation to a particular time, is any time (including a time before the commencement of this section) during the 3 years which precede, or the 3 years which follow, the particular time.]

• (3) For the purposes of this Part, where B’s employer is an associated employer of A’s employer, A and B shall not be regarded as employed to do like work unless they both have the same or reasonably comparable terms and conditions of employment.

• F44[(4)
• (a) Indirect discrimination occurs where an F45[apparently neutral provision would put] persons of a particular gender (being As or Bs) at a particular disadvantage in respect of remuneration compared with other employees of their employer.

• (b) Where paragraph (a) applies, the persons referred to in that paragraph shall each be treated for the purposes of subsection (1) as complying or, as the case may be, not complying with the provision concerned, whichever results in the higher remuneration, unless the provision is objectively justified by a legitimate aim and the means of achieving the aim are appropriate and necessary.

• (c) In any proceedings statistics are admissible for the purpose of determining whether this subsection applies in relation to A or B.]

• (5) Subject to subsection (4), nothing in this Part shall prevent an employer from paying, on grounds other than the gender ground, different rates of remuneration to different employees.

20. Implied term as to equal remuneration.

20.—(1) Where a person is employed under a contract which does not include (expressly or by reference to a collective agreement or otherwise) a term satisfying subsection (1) of section 19, the contract shall be taken to include a term giving effect to that subsection; and, if such an implied term conflicts with an express term, it shall override the express term.

• (2) In this section “employed” has the same meaning as in section 19.

20A. F46[Gender pay gap information

20A.—(1) The Minister shall, as soon as is reasonably practicable after the commencement of section 2 of the Gender Pay Gap Information Act 2021 and in accordance with this section, make regulations requiring—

• (a) employers to publish information relating to the remuneration of their employees for the purpose of showing whether there are differences in such remuneration referable to gender and, if so, the size of such differences,

• (b) that information referred to in paragraph (a) include the following:

• (i) the difference between the mean hourly remuneration of employees of the male gender and that of employees of the female gender expressed as a percentage;

• (ii) the difference between the median hourly remuneration of employees of the male gender and that of employees of the female gender expressed as a percentage;

• (iii) the difference between the mean bonus remuneration of employees of the male gender and that of employees of the female gender expressed as a percentage;

• (iv) the difference between the median bonus remuneration of employees of the male gender and that of employees of the female gender expressed as a percentage;

• (v) the difference between the mean hourly remuneration of part-time employees of the male gender and that of part-time employees of the female gender expressed as a percentage;

• (vi) the difference between the median hourly remuneration of part-time employees of the male gender and that of part-time employees of the female gender expressed as a percentage;

• (vii) the percentage of all employees of the male gender who were paid bonus remuneration and the percentage of all employees of the female gender who were paid such remuneration;

• (viii) the percentage of all employees of the male gender who received benefits in kind and the percentage of all employees of the female gender who received such benefits,

and

• (c) employers to publish, concurrently with the publication of information referred to in this section that shows differences relating to remuneration that are referable to gender, a statement setting out—

• (i) in the employer’s opinion, the reasons for such differences in that employer’s case, and

• (ii) the measures (if any) being taken, or proposed to be taken, by the employer to eliminate or reduce such differences in that employer’s case.

• (2) In making regulations under this section, the Minister shall have regard to the estimated costs of complying with, and enforcing, such regulations.

• (3)
• (a) Regulations made under this section shall not apply to an employer having fewer than 50 employees.

• (b) Subject to paragraph (d), regulations made under this section shall not apply to an employer having fewer than 250 employeesuntil the 2nd anniversary of the making of the first regulations under this section.

• (c) Subject to paragraph (d), regulations made under this section shall not apply to an employer having fewer than 150 employees until the 3rd anniversary of the making of the first regulations under this section.

• (d) When regulations made under this section apply to an employer referred to in paragraph (b) or (c), the regulations shall continue to apply to the employer except during such times (if any) as the employer falls within paragraph (a).

• (4) Regulations made under this section may prescribe any, or any combination of, the following:

• (a) the classes of employer to which the regulations apply (whether by reference to the number of employees that an employer has or otherwise);

• (b) the classes of employee to which the regulations apply;

• (c) the classes of remuneration to which the regulations apply;

• (d) how the number of employees that an employer has is to be calculated;

• (e) how the remuneration or classes of remuneration of employees is to be calculated.

• (5) Regulations made under this section may prescribe the form and manner in which, and the frequency (which shall not be more frequent than once in each year) with which, information is to be published under the regulations in order to bring such information to the attention of—

• (a) the employees to whom the information relates, and

• (b) the public.

• (6)
• (a) Regulations made under this section may require the employer to publish information in respect of a public body.

• (b) In this subsection—

"Act of 1998" means the Education Act 1998;

"Act of 2014" means the Companies Act 2014;

"board" has the same meaning as it has in the Act of 1998;

"company" means a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act;

"education and training board" means an education and training board established under section 9 of the Education and Training Boards Act 2013;

"enactment" has the same meaning it has in the Interpretation Act 2005;

"information" includes data;

"public body" means—

• (a) a Department of State,

• (b) the Attorney General,

• (c) the Comptroller and Auditor General,

• (d) the Revenue Commissioners,

• (e) the Commissioners of Public Works in Ireland,

• (f) the Commissioner of Valuation,

• (g) the Garda Síochána,

• (h) the Defence Forces,

• (i) a local authority for the purposes of the Local Government Act 2001,

• (j) the Health Service Executive, (k) an education and training board,

• (l) a recognised school established and maintained by an education and training board,

• (m) a board of a recognised school established and maintained by an education and training board,

• (n) a body established—

• (i) by or under an enactment (other than the Act of 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), or

• (ii) under the Act of 2014 (or a former enactment relating to companies within the meaning of section 5 of that Act) in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government,

in respect of which a public service pension scheme exists or applies or may be made,

• (o) a body that is wholly or partly funded directly or indirectly out of moneys provided by the Oireachtas or from the Central Fund or the growing produce of that Fund and in respect of which a public service pension scheme exists or applies or may be made, or

• (p) any subsidiary of, or company controlled (within the meaning given by section 10 of the Taxes Consolidation Act 1997 ) by, a body to which paragraph (i), (j), (k), (n) or (o) relates and in respect of which a public service pension scheme exists or applies or may be made;

"public service pension scheme" has the same meaning as it has in Part 4 of the Public Service Pay and Pensions Act 2017;

"recognised school" has the same meaning as it has in the Act of 1998.

• (7)
• (a) Paragraph (b) applies where an employer does not have access to information which the employer requires in order to comply with regulations made under this section but another person (in this section referred to as the "other person") does have access to such information.

• (b) Regulations made under this section may require the other person to give the information, or give access to the information, to the employer to the extent necessary to enable the employer to comply with such regulations.

• (8)
• (a) Paragraph (b) applies to the personal data of employees included, or to be included, in information referred to in this section.

• (b) Regulations made under this section may prescribe, in addition to any relevant measures or steps that an employer or the other person is required to take in respect of personal data, measures or steps to be taken by—

• (i) the employer to ensure that personal data have undergone pseudonymisation before or when they are published, or

• (ii) the other person to ensure that personal data have undergone pseudonymisation before or when the other person gives the data, or gives access to the data, to an employer.

• (c) In this subsection—

"Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 1 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

"personal data" has the meaning assigned to it by Article 4 of the Data Protection Regulation;

"pseudonymisation" has the meaning assigned to it by Article 4 of the Data Protection Regulation;

"relevant measures or steps"—

• (a) in relation to an employer and personal data, means the measures or steps that the employer is required to take in respect of the data—

• (i) pursuant to a provision of the Data Protection Regulation, or

• (ii) by or under the Data Protection Act 2018, or

• (b) in relation to the other person and personal data, means the measures or steps that the other person is required to take in respect of the data—

• (i) pursuant to a provision of the Data Protection Regulation, or

• (ii) by or under the Data Protection Act 2018.

• (9) Regulations made under this section may require the employer to publish information—

• (a) in respect of any of the following:

• (i) the difference between the mean hourly remuneration of employees of the male gender on temporary contracts and that of employees of the female gender on such contracts expressed as a percentage;

• (ii) the difference between the median hourly remuneration of employees of the male gender on temporary contracts and that of employees of the female gender on such contracts expressed as a percentage;

• (iii) the respective percentages of all employees who fall within each of—

• (I) the lower remuneration quartile pay band,

• (II) the lower middle remuneration quartile pay band,

• (III) the upper middle remuneration quartile pay band, or

• (IV) the upper remuneration quartile pay band, who are of the male gender and who are of the female gender,

or

• (b) by reference to job classifications.

• (10) In making regulations under this section, the Minister shall have regard to the principle that employees and the public need to have access to any information which shows whether there are differences relating to the remuneration of employees by reference to the gender of such employees and, if there are such differences, the reasons for such differences and the measures being taken, or proposed to be taken, to eliminate or reduce such differences.]

Other Matters

21. Equality clause relating to gender issues.