EMPLOYMENT EQUALITY ACT, 1998

21.—(1) If and so far as the terms of a contract of employment do not include (expressly or by reference to a collective agreement or otherwise) a gender equality clause, they shall be taken to include one.

• (2) A gender equality clause is a provision relating to the terms of a contract of employment, other than a term relating to remuneration or pension rights, which has the effect that if—

• (a) A is employed in circumstances where the work done by A is not materially different from that done by B in the same employment, and

• (b) at any time A’s contract of employment would (but for the gender equality clause)—

• (i) contain a term which is or becomes less favourable to A than a term of a similar kind in B’s contract of employment, or

• (ii) not include a term corresponding to a term in B’s contract of employment which benefits B,

then the terms of A’s contract of employment shall be treated as modified so that the term in question is not less favourable to A or, as the case may be, so that they include a similar term benefiting A.

• (3) A gender equality clause shall not operate in relation to a difference between A’s contract of employment and B’s contract of employment if the employer proves that the difference is genuinely based on grounds other than the gender ground.

• (4) Without prejudice to the generality of section 8(1), where a person offers A employment on certain terms and, were A to accept the offer on those terms, the gender equality clause in A’s contract of employment would have the effect of modifying the terms in either of the ways specified in subsection (2), the making of the offer shall be taken to amount to discrimination against A on the gender ground in relation to A’s conditions of employment.

22. Indirect discrimination on the gender ground.

22.—F47[(1) (a) Indirect discrimination occurs where an F48[apparently neutral provision would put] persons of a particular gender (being As or Bs) at a particular disadvantage in respect of any matter other than remuneration compared with other employees of their employer.

• (b) Where paragraph (a) applies, the employer shall be treated for the purposes of this Act as discriminating against each of the persons referred to (including A or B), unless the provision is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

• (1A) In any proceedings statistics are admissible for the purpose of determining whether subsection (1) applies in relation to A or B.]

• (2) Subsection (1) shall apply to the provision of any such services as are referred to in paragraphs (a) and (b) of section 11(1) subject to the following modifications:

• (a) for the words “any of the matters specified in paragraphs (a) to (e) of section 8(1)” there shall be substituted the words “a person seeking any such services or guidance as are referred to in paragraphs (a) and (b) of section 11(1)”;

• (b) the reference to the employer shall be construed as a reference to the employment agency; and

• (c) the reference to section 8 shall be construed as a reference to section 11.

• (3) Subsection (1) shall apply to participation in any such course or facility as is referred to in paragraphs (a) to (c) of section 12(1) subject to the following modifications:

• (a) the reference to paragraphs (a) to (e) of section 8(1) shall be construed as a reference to paragraphs (a) to (c) of section 12(1);

• (b) the reference to the employer shall be construed as a reference to the person offering the course or facility; and

• (c) the reference to section 8 shall be construed as a reference to section 12.

• (4) F49[…]

• (5) Subsection (3) of section 8 applies for the purposes of subsection (1) as it applies for the purposes of subsections (4) to (8) of that section.

23. Sexual harassment in the workplace etc.

23.—F50[…]

24. Positive action on equal opportunities.

24.—F51[(1) This Act is without prejudice to any measures—

• (a) maintained or adopted with a view to ensuring full equality in practice between men and women in their employments, and

• (b) providing for specific advantages so as—

• (i) to make it easier for an under-represented sex to pursue a vocational activity, or

• (ii) to prevent or compensate for disadvantages in professional careers.]

• (2) In the Defence Act, 1954, in section 289(2) (the Army Nursing Service limited to women) for the word “women” there shall be inserted “persons”.

25. Exclusion of discrimination in certain employments.

F52[25.—(1) A difference of treatment which is based on a characteristic related to the gender ground in respect of access to employment in a particular post shall not constitute discrimination under this Part or Part II where, by reason of the particular occupational activities concerned or of the context in which they are carried out—

• (a) the characteristic constitutes a genuine and determining occupational requirement for the post, and

• (b) the objective is legitimate and the requirement proportionate.

• (2) In subsection (1) the reference to employment includes a reference to any training leading to it.]

26. Exceptions relating to family and personal matters.

26.—(1) Nothing in this Act shall make it unlawful for an employer to arrange for or provide treatment which confers benefits on women in connection with pregnancy and maternity (including breast feeding) or adoption.

• (2) F53[…]

27. Garda Síochána and prison service.

27.—(1) With regard to employment in the Garda Síochána or the prison service F54[and without prejudice to section 25], nothing in this Act—

• (a) applies to the assignment of a man or, as the case may require, a woman to a particular post where this is essential—

• (i) in the interests of privacy or decency,

• (ii) in order to guard, escort or control violent individuals or quell riots or violent disturbances, or

• (iii) in order, within the Garda Síochána, to disarm or arrest violent individuals, to control or disperse violent crowds or to effect the rescue of hostages or other persons held unlawfully, or

• (b) prevents the application of one criterion as to height for men and another for women, if the criteria chosen are such that the proportion of women in the State likely to meet the criterion for women is approximately the same as the proportion of men in the State likely to meet the criterion for men.

• (2)
• (a) If—

• (i) in the opinion of the Minister there are insufficient numbers of either men or women serving in the Garda Síochána to be assigned to such posts as are for the time being referred to in subsection (1)(a), and

• (ii) the Minister by order under this subsection so provides,

this Act shall not apply to such competitions for recruitment to the Garda Síochána as may be specified in the order.

• (b) If—

• (i) in the opinion of the Minister there are insufficient numbers of either men or women serving in the prison service to be assigned to such posts as are for the time being referred to in subsection (1)(a), and

• (ii) the Minister by order under this subsection so provides,

this Act shall not apply to such competitions for recruitment to the prison service as may be specified in the order.

PART IV Specific Provisions as to Equality Between Other Categories of Persons

28. The comparators.

28.—(1) For the purpose of this Part, “C” and “D” represent 2 persons who differ as follows:

• (a) in relation to the F55[civil status] ground, C and D have different F55[civil status];

• (b) in relation to the family status ground, C has family status and D does not, or vice versa;

• (c) in relation to the sexual orientation ground, C and D are of different sexual orientations;

• (d) in relation to the religion ground, C and D have different religious beliefs or C has a religious belief and D does not, or vice versa;

• (e) in relation to the age ground, C and D are of different ages;

• (f) in relation to the disability ground, C is a person with a disability and D is not, or vice versa, or C and D are persons with different disabilities;

• (g) in relation to the ground of race, C and D differ as to race, colour, nationality or ethnic or national origins or any combination of those factors;

• (h) in relation to the F56[Traveller] community ground, C is a member of the F56[Traveller] community and D is not, or vice versa.

• (2) In the following provisions of this Part, any reference to C and D which does not apply to a specific discriminatory ground shall be treated as a reference to C and D in the context of each of the discriminatory grounds (other than the gender ground) considered separately.

• (3) Any reference in this Act to persons having the same relevant characteristic as C (or as D) shall be construed by reference to the discriminatory ground in relation to which the reference applies or, as the case may be, in relation to each of the discriminatory grounds (other than the gender ground) separately, so that—

• (a) in relation to the F55[civil status] ground, the relevant characteristic is having the same F55[civil status] as C (or, as the case may be, as D), and

• (b) in relation to the family status ground, the relevant characteristic is having the same, or the same lack of, family status as C (or, as the case may be, as D),

and so on for each of the other discriminatory grounds.

29. Entitlement to equal remuneration.

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

• (2) For the purposes of subsection (1), in relation to a particular time, a relevant time is any time (on or after the commencement of this section) which falls during the 3 years which precede, or the 3 years which follow, the particular time.

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

• F57[(4) Section 19(4) applies in relation to C and D as it applies in relation to A and B, with the modification that the reference in it to persons of a particular gender (being As or Bs) is a reference to persons (being Cs or Ds) who differ in a respect mentioned in any paragraph of section 28(1) and with any other necessary modifications.]

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

30. Equality clause relating to non-gender issues.

30.—(1) If and so far as the terms of a contract of employment do not include (expressly or by reference to a collective agreement or otherwise) a non-discriminatory equality clause, they shall be taken to include one.

• (2) A non-discriminatory equality clause is a provision relating to the terms of a contract of employment, other than a term relating to remuneration or pension rights, which has the effect that if—

• (a) C is employed in circumstances where the work done by C is not materially different from that done by D in the same employment, and

• (b) at any time C’s contract of employment would (but for the non-discriminatory equality clause)—

• (i) contain a term which is or becomes less favourable to C than a term of a similar kind in D’s contract of employment, or

• (ii) not include a term corresponding to a term in D’s contract of employment which benefits D,

then the terms of C’s contract of employment shall be treated as modified so that the term in question is not less favourable to C or, as the case may be, so that they include a similar term benefiting C.

• (3) A non-discriminatory equality clause shall not operate in relation to a difference between C’s contract of employment and D’s contract of employment if the employer proves that the difference is genuinely based on grounds which are not among those specified in paragraphs (a) to (h) of section 28(1).

• (4) Without prejudice to the generality of section 8(1), where a person offers C employment on certain terms and, were C to accept the offer on those terms, the non-discriminatory equality clause in C’s contract of employment would have the effect of modifying the terms in either of the ways specified in subsection (2), the making of the offer shall be taken to amount to discrimination against C in relation to C’s conditions of employment on whichever of the discriminatory grounds is (or are) relevant to the difference (or differences) between C and D.

31. Indirect discrimination.

31.—F58[(1) Subsections (1) and (1A) (inserted by section 13 of the Equality Act 2004) of section 22 apply, in relation to C and D as they apply in relation to A and B, with the modification that the reference in subsection (1) to persons of a particular gender (being As or Bs) is a reference to persons (being Cs or Ds) who differ in a respect mentioned in any paragraph of section 28(1) and with any other necessary modifications.]

• (2) F59[…]

• (3) Subsection (1) shall apply with the necessary modifications in relation to—

• (a) the provision of any such services of an employment agency as are referred to in paragraphs (a) and (b) of section 11(1),

• (b) participation in any such course or facility as is referred to in paragraphs (a) to (c) of section 12(1).

• (4) Subsection (3) of section 8 applies for the purposes of subsection (1) and, in so far as it relates to an employer, subsection (5) as it applies for the purposes of subsections (4) to (8) of that section.

• (5) If a provision is such that, apart from this subsection, an employer or regulatory body would be regarded—

• (a) by virtue of subsection (1) F60[…], as discriminating against an individual on the F61[civil status] ground or the family status ground, and

• (b) by virtue of section 22, also as discriminating against the same individual on the gender ground,

the employer or regulatory body shall not be regarded as discriminating against that individual by virtue of subsection (1) F60[…].

32. Harassment in the workplace etc.

32.—F62[…]

33. Positive action permitted.

F63[33.—Nothing in this Part or Part II shall render unlawful measures maintained or adopted with a view to ensuring full equality in practice between employees, being measures—

• (a) to prevent or compensate for disadvantages linked to any of the discriminatory grounds (other than the gender ground),

• (b) to protect the health or safety at work of persons with a disability, or

• (c) to create or maintain facilities for safeguarding or promoting the integration of such persons into the working environment.]

34. Savings and exceptions related to the family, age or disability.

34.—(1) In relation to the discriminatory grounds specified in paragraphs (a) to (h) of section 28(1), nothing in this Part or Part II shall make it unlawful for an employer to provide—

• (a) a benefit to an employee in respect of events related to members of the employee’s family or any description of those members,

• (b) a benefit to or in respect of a person as a member of an employee’s family,

• (c) a benefit to an employee on or by reference to an event occasioning a change in the F64[civil status] of the employee, or

• (d) to an employee who has family status a benefit intended directly to provide or assist in the provision, during working hours, of care for a person for whom the employee has responsibility as mentioned in paragraphs (a) and (b) of the definition of “family status” in section 2(1).

• (2) In subsection (1) “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 an employee include—

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

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

• (c) a person who is a member of the regulatory body.

• F65[(3) In an occupational benefits scheme it shall not constitute discrimination on the age ground for an employer—

• (a) to fix ages for admission to such a scheme or for entitlement to benefits under it,

• (b) to fix different such ages for all employees or a category of employees,

• (c) to use, in the context of such a scheme, age criteria in actuarial calculations, or

• (d) to provide different rates of severance payment for different employees or groups or categories of employees, being rates based on or taking into account the period between the age of an employee on leaving the employment and his or her compulsory retirement age,

provided that that does not constitute discrimination on the gender ground.]

• F66[(3A) In subsection (3)—

"occupational benefits scheme" includes any scheme (whether statutory or non-statutory) providing for benefits to employees or any category of employees on their becoming ill, incapacitated or redundant but does not include any occupational pension scheme providing for pensions, gratuities or other allowances payable on retirement or death;

"severance payment" means a sum paid voluntarily by an employer to an employee otherwise than as pay when the employee leaves the employment.]

• F67[(4) Without prejudice to subsection (3), it shall not constitute discrimination on the age ground to fix different ages for the retirement (whether voluntarily or compulsorily) of employees or any class or description of employees if—

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

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

• (5) Without prejudice to the generality of subsection (3), it shall not constitute discrimination on the age ground to set, in relation to any job, a maximum age for recruitment which takes account of—

• (a) any cost or period of time involved in training a recruit to a standard at which the recruit will be effective in that job, and

• (b) the need for there to be a reasonable period of time prior to retirement age during which the recruit will be effective in that job.

• (6) Where immediately before the relevant day, arrangements are in force in any employment for age-related remuneration, it shall be a sufficient compliance with this Part and Part II if those arrangements are brought to an end within the period of 3 years beginning on the relevant day.

• (7) It shall not constitute discrimination on the age ground for an employer to provide for different persons—

• (a) different rates of remuneration, or

• (b) different terms and conditions of employment,

if the difference is based on their relative seniority (or length of service) in a particular post or employment.

• F66[(7A) Nothing in this Act invalidates any term in a collective agreement, whenever made, to the effect that in particular circumstances, where length of service would otherwise be regarded as equal, seniority in a particular post or employment may be determined by reference to the relative ages of employees on their entry to that post or employment.]

• (8) In this section “the relevant day” means the day appointed for the coming into operation of section 29.

35. Special provisions related to persons with disabilities.

35.—F68[(1) Nothing in this Part or Part II shall make it unlawful for an employer to provide, for an employee with a disability, a particular rate of remuneration for work of a particular description if, by reason of the disability, the amount of that work done by the employee during a particular period is less than the amount of similar work done, or which could reasonably be expected to be done, during that period by an employee without the disability.]

• (2) Nothing in this Part or Part II shall make it unlawful for an employer or any other person to provide, for a person with a disability, special treatment or facilities where the provision of that treatment or those facilities—

• (a) enables or assists that person to undertake vocational training, to take part in a selection process or to work, or

• (b) provides that person with a training or working environment suited to the disability, or

• (c) otherwise assists that person in relation to vocational training or work.

• (3) Where, by virtue of subsection (1) or (2), D, as a person with a disability, receives a particular rate of remuneration or, as the case may be, special treatment or facilities, C, as a person without a disability, or with a different disability, shall not be entitled under this Act to that rate of remuneration, that treatment or those facilities.

• F69[(4) References in this section to a particular rate of remuneration are to a rate of remuneration which is not below the minimum rate to which the employee concerned is entitled under the National Minimum Wage Act 2000.]

36. Imposition of certain requirements to be lawful.

36.—(1) Nothing in this Part or Part II shall make unlawful the application of any provision (whether in the nature of a requirement, practice or otherwise) such as is mentioned in subsection (2) with respect to—

• (a) holding office under, or in the service of, the State (including the Garda Síochána and the Defence Forces) or otherwise as a civil servant, within the meaning of the Civil Service Regulation Act, 1956, or

• (b) officers or servants of a local authority, for the purposes of the Local Government Act, 1941, a harbour authority F70[or a health board or a member of staff of an education and training board].

• (2) The provisions referred to in subsection (1) are those relating to all or any of the following:

• (a) residence;

• (b) citizenship;

• (c) proficiency in the Irish language.

• (3) Nothing in this Part or Part II shall make unlawful the application of any provision (whether in the nature of a requirement, practice or otherwise) in relation to proficiency in the Irish language with respect to teachers in primary and post-primary schools.

• (4) Nothing in this Part or Part II shall make it unlawful to require, in relation to a particular post—

• (a) the holding of a specified educational, technical or professional qualification which is a generally accepted qualification in the State for posts of that description, or

• (b) the production and evaluation of information about any qualification other than such a specified qualification.

• (5) Nothing in this Part or Part II shall make it unlawful for a body controlling the entry to, or carrying on of, a profession, vocation or occupation to require a person carrying on or wishing to enter that profession, vocation or occupation to hold a specified educational, technical or other qualification which is appropriate in the circumstances.

• (6) Nothing in this section shall render lawful discrimination on the gender ground.

37. Exclusion of discrimination on particular grounds in certain employments.

37.—(1) F71[Subject to subsections (1A) and (1B), a religious, educational or medical institution] which is 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 shall not be taken to discriminate against a person for the purposes of this Part or Part II if—

• (a) it gives more favourable treatment, on the religion ground, to an employee or a prospective employee over that person where it is reasonable to do so in order to maintain the religious ethos of the institution, or

• (b) it takes action which is reasonably necessary to prevent an employee or a prospective employee from undermining the religious ethos of the institution.

• F72[(1A) Where an educational or medical institution referred to in subsection (1) is maintained, in whole or in part, by monies provided by the Oireachtas more favourable treatment on the religion ground referred to in paragraph (a) of that subsection shall be taken to be discrimination unless—

• (a) that treatment does not constitute discrimination on any of the other discriminatory grounds, and

• (b) by reason of the nature of the institution’s activities or the context in which the activities are being carried out, the religion or belief of the employee or prospective employee constitutes a genuine, legitimate and justified occupational requirement having regard to the institution’s ethos.]

• F72[(1B) Where an educational or medical institution referred to subsection (1) is maintained, in whole or in part, by monies provided by the Oireachtas, action of the type referred to in paragraph (b) of that subsection shall be taken to be discrimination unless by reason of the nature of the employment concerned or the context in which it is carried out—

• (a) the action is objectively justified by the institution’s aim of preventing the undermining of the religious ethos of the institution, and

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

• F72[(1C) An action referred to in subsection (1B) shall not be objectively justified in accordance with paragraph (a) of that subsection, or appropriate and necessary in accordance with paragraph (b) of that subsection, unless the action of the institution is—

• (a) rationally and strictly related to the institution’s religious ethos,

• (b) a response to conduct of the employee or prospective employee undermining the religious ethos of the institution rather than a response to that employee’s, or prospective employee’s, gender, civil status, family status, sexual orientation, age, disability, race or membership of the Traveller community, and

• (c) proportionate to the conduct of the employee or prospective employee, as the case may be, having due regard to—

• (i) any other action the employer may take in the circumstances,

• (ii) the consequences of that action for that employee or prospective employee,

• (iii) the employee’s or prospective employee’s right to privacy, and

• (iv) the actual damage caused to the religious ethos of the institution by the conduct of that employee or prospective employee.]

• F73[(2) For the purposes of this Part a difference of treatment which is based on a characteristic related to any of the discriminatory grounds (except the gender ground) shall not constitute discrimination where, by reason of the particular occupational activities concerned or of the context in which they are carried out—

• (a) the characteristic constitutes a genuine and determining occupational requirement, and

• (b) the objective is legitimate and the requirement proportionate.

• (3) It is an occupational requirement for employment in the Garda Síochána, prison service or any emergency service that persons employed therein are fully competent and available to undertake, and fully capable of undertaking, the range of functions that they may be called upon to perform so that the operational capacity of the Garda Síochána or the service concerned may be preserved.

• (4) If—

• (a) the Minister is of opinion that the age profile of members of the Garda Síochána, prison service or any emergency service is such that its operational capacity is or is likely to be adversely affected, and

• (b) he or she by order so declares,

the age ground shall not apply in relation to such competitions for recruitment to that service as are specified in the order.

• (5) In relation to discrimination on the age ground or disability ground, nothing in this Part or Part II applies in relation to employment in the Defence Forces.

• (6) In subsection (4)(a) the reference to the Minister, in relation to an emergency service, is a reference to the Minister of the Government with official functions in regard to that service.]

PART V Equality Authority

General

38. Continuation of Employment Equality Agency as Equality Authority.

38.—F74[…]

39. Functions of Authority.

39.—F75[…]

40. Strategic Plans.

40.—F76[…]

41. Membership.

41.—F77[…]

42. Chairperson.

42.—F78[…]

43. Disqualification.

43.—F79[…]

44. Ordinary members.

44.—F80[…]

45. Chairperson and ordinary members may be re-appointed.

45.—F81[…]

46. Vice-chairperson.

46.—F82[…]

47. Meetings and business.

47.—F83[…]

48. Advisory committees.

48.—F84[…]

49. Chief Executive Officer.

49.—F85[…]

50. Accountability of Chief Executive Officer.

50.—F86[…]

51. Staff.

51.—F87[…]

52. Seal of Authority.

52.—F88[…]

53. Accounts and audits.

53.—F89[…]

54. Annual report and provision of information to Minister.

54.—F90[…]

55. Grants and borrowing powers.

55.—F91[…]

56. Codes of practice.

56.—F92[…]

57. Research and information.

57.—F93[…]

58. Inquiries.

58.—F94[…]

59. Obtaining information etc. for purposes of inquiry.

59.—F95[…]

60. Offences relating to inquiries etc.

60.—F96[…]

61. Recommendations arising out of and reports of inquiries.

61.—F97[…]

62. Non-discrimination notices.

62.—F98[…]

63. Appeal against non-discrimination notice.

63.—F99[…]

64. Register of non-discrimination notices.

64.—F100[…]

65. Injunctions for failure to comply with non-discrimination notice.

65.—F101[…]

66. Offence relating to failure to comply with non-discrimination notice.

66.—F102[…]

67. Assistance by Authority in connection with certain references.

67.—F103[…]

PART VI Equality Reviews and Action Plans and Review of Legislation

68. Definition (Part VI).

68.—F104[…]

69. Equality reviews and action plans.

69.—F105[…]

70. Enforcement powers in respect of equality reviews and action plans.

70.—F106[…]

71. Appeal against substantive notice.

71.—F107[…]

72. Enforcement of substantive notices.

72.—F108[…]

73. Review of legislation.

73.—F109[…]

PART VII Other Remedies and Enforcement

Introductory

74. Interpretation (Part VII).

74.—(1) In this Part, unless the context otherwise requires:

F110["Act of 2015" means the Workplace Relations Act 2015;

"adjudication officer" has the same meaning as it has in the Act of 2015;]

“the complainant” has the meaning given by section 77(4);

F111[F112[mediation officer]" and "F112[adjudication officer]" mean officers appointed as such under subsection (4) or (4A) of section 75;]

“the Equal Pay Directive” means 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;

“the Equal Treatment Directive” means 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;

F110["mediation officer" has the same meaning as it has in the Act of 2015;]

“the respondent” has the meaning given by section 77(4);

“victimisation” shall be construed in accordance with subsection (2).

• F111[(2) For the purposes of this Part victimisation occurs where dismissal or other adverse treatment of an employee by his or her employer occurs as a reaction to—

• (a) a complaint of discrimination made by the employee to the employer,

• (b) any proceedings by a complainant,

• (c) an employee having represented or otherwise supported a complainant,

• (d) the work of an employee having been compared with that of another employee for any of the purposes of this Act or any enactment repealed by this Act,

• (e) an employee having been a witness in any proceedings under this Act or the Equal Status Act 2000 or any such repealed enactment,

• (f) an employee having opposed by lawful means an act which is unlawful under this Act or the said Act of 2000 or which was unlawful under any such repealed enactment, or

• (g) an employee having given notice of an intention to take any of the actions mentioned in the preceding paragraphs.

• (3) For the purposes of sections 77, 78, 83, 87 and 90 the date on which a case is referred, or an appeal made, under those provisions is the date on which the reference or appeal is received by the F112[Director General of the Workplace Relations Commission], Labour Court or Circuit Court, as the case may be.]

Equality Investigations

75. F113[Director General of the Workplace Relations Commission] and other officers.

75.—(1) F114[…]

• (2) F114[…]

• (2A) F114[…]

• (3) F114[…]

• (4) F114[…]

• F115[(4A) F114[…]

• (4B) The F113[Director General of the Workplace Relations Commission] may delegate to an F113[adjudication officer] or an F113[mediation officer] any functions conferred on him or her under this Act F114[…].]

• (5) The F113[Director General of the Workplace Relations Commission], F113[mediation officer]s and F113[adjudication officer]s shall be independent in the performance of their functions.

• (6) Subject to subsection (7), F116[the delegation of a function under subsection (4B)] shall not affect the continuing power of the F113[Director General of the Workplace Relations Commission] to exercise that function concurrently with the officer to whom it is delegated.

• (7) Where, under F117[subsection (4B)], the F113[Director General of the Workplace Relations Commission] has delegated to an officer the function of hearing a case referred to the F113[Director General of the Workplace Relations Commission] F116[under section 77 or 86, or under section 21 of the Equal Status Act 2000—]

• (a) the delegation shall be taken to include the power to issue a decision in the case,

• (b) the function may not be exercised concurrently by the F113[Director General of the Workplace Relations Commission], and

• (c) the delegation may not be revoked or varied except at the request of the officer to whom the function was delegated or if there are exceptional circumstances preventing that officer from acting (or continuing to act).

• (8) F114[…]

Redress

76. Right to information.

76.—(1) With a view to assisting a person (“X”) who considers—

• (a) that another person (“Y”) may have discriminated against X in contravention of this Act or may have dismissed or otherwise penalised X in circumstances amounting to victimisation,

• (b) that another person (“Y”) who is responsible for providing remuneration to X is not providing that remuneration as required by an equal remuneration term, or

• (c) that another person (“Y”) with whom X has a contract of employment has not provided X with a benefit under an equality clause in that contract,

to decide whether to refer the matter under any provision of section 77 and, in the event of such a reference, to formulate and present X’s case in the most effective manner, the Minister may by regulations prescribe forms by which—

• (i) X may question Y so as to obtain material information, and

• (ii) Y may, if Y so wishes, reply to any questions.

• (2) Subject to subsections (3) to (7), information is for the purposes of this section “material information” if it is—

• (a) information as to Y’s reasons for doing or omitting to do any relevant act and as to any practices or procedures material to any such act,

• (b) information, other than confidential information, about the remuneration or treatment of other persons who stand in relation to Y in the same or a similar position as X, or

• F118[(c) other information which is not confidential information or information about the scale or financial resources of the employer’s business and which, in the circumstances of the case in question, it is reasonable for X to require.]

• (3) In subsection (2) “confidential information” means any information which relates to a particular individual, which can be identified as so relating and to the disclosure of which that individual does not agree.

• (4) Nothing in this Act shall be construed as requiring Y or any other person—

• (a) to furnish any reference (or any copy thereof or extract therefrom) or any report (or copy thereof or extract therefrom) relating to the character or the suitability for employment of any person (including X), or

• (b) to disclose the contents of such a reference or report.

• (5) In a case where a person considers that he or she may have been discriminated against by, or in the course of an interview conducted on behalf of—

• F119[(a) the holder of a recruitment licence under the Public Service Management (Recruitment and Appointments) Act 2004 in the course of a recruitment or selection process, other than one designed to recruit or select only from and for the holder’s own staff,]

• (b) F120[…]

• (c) the Minister for Defence in the course of a recruitment process for the Defence Forces, or

• (d) the Commissioner of the Garda Síochána in the course of a recruitment process for the Garda Síochána,

information shall not be regarded as material information for the purposes of this section if it relates to communications with external advisers to any of the persons referred to in paragraphs (a) to (d) or if it goes beyond the permitted information specified in subsection (6).

• (6) For the purposes of subsection (5), in relation to a recruitment or selection process, information is permitted information if it identifies the successful and the unsuccessful candidates—

• (a) by reference to their sex, or

• (b) in terms of the discriminatory grounds in section 28(1), by reference to those who have the same relevant characteristic as C or the same relevant characteristic as D.

• (7) This section is without prejudice to the other provisions of this Act relating to the obtaining of information.

77. The forum for seeking redress.

77.—F121[(1) A person who claims—

• (a) to have been discriminated against or subjected to victimisation,

• (b) to have been dismissed in circumstances amounting to discrimination or victimisation,

• (c) not to be receiving remuneration in accordance with an equal remuneration term, or

• (d) not to be receiving a benefit under an equality clause,

in contravention of this Act may, subject to subsections (3) to (9), seek redress by referring the case to the F122[Director General of the Workplace Relations Commission].]

• (2) F123[…]

• F121[(3) If the grounds for such a claim arise—

• (a) under Part III, or

• (b) in any other circumstances (including circumstances amounting to victimisation) to which the Equal Pay Directive or Equal Treatment Directive is relevant,

then, subject to subsections (4) to (9), the person making the claim may seek redress by referring the case to the Circuit Court instead of to the F122[Director General of the Workplace Relations Commission].]

• F124[(4) In this Part, in relation to a claim referred under any provision of this section—

• (a) "the complainant" means—

• (i) the person by whom it is referred, or

• (ii) where such a person is unable, by reason of an intellectual or a psychological disability, to pursue it effectively, his or her parent, guardian or other person acting in place of a parent, and]

• (b) “the respondent” means the person who is alleged to have discriminated against the complainant or, as the case may be, who is responsible for providing the remuneration to which the equal remuneration term relates or who is responsible for providing the benefit under the equality clause or who is alleged to be responsible for the victimisation.

• F124[(5)
• (a) Subject to paragraph (b), a claim for redress in respect of discrimination or victimisation may not be referred under this section after the end of the period of 6 months from the date of occurrence of the discrimination or victimisation to which the case relates or, as the case may be, the date of its most recent occurrence.

• (b) On application by a complainant the F122[Director General of the Workplace Relations Commission] or Circuit Court, as the case may be, may, for reasonable cause, direct that in relation to the complainant paragraph (a) shall have effect as if for the reference to a period of 6 months there were substituted a reference to such period not exceeding 12 months as is specified in the direction; and, where such a direction is given, this Part shall have effect accordingly.

• (c) This subsection does not apply in relation to a claim not to be receiving remuneration in accordance with an equal remuneration term.

• (6) Where a delay by a complainant in referring a case under this section is due to any misrepresentation by the respondent, subsection (5)(a) shall be construed as if the references to the date of occurrence of the discrimination or victimisation were references to the date on which the misrepresentation came to the complainant’s notice.]

• F125[(6A) For the purposes of this section—

• (a) discrimination or victimisation occurs—

• (i) if the act constituting it extends over a period, at the end of the period,

• (ii) if it arises by virtue of a term in a contract, throughout the duration of the contract, and

• (iii) if it arises by virtue of a provision which operates over a period, throughout the period,

• (b) a deliberate omission by a person to do something occurs when the person decides not to do it, and

• (c) a respondent is presumed, unless the contrary is shown, to decide not to do something when the respondent either—

• (i) does an act inconsistent with doing it, or

• (ii) the period expires during which the respondent might reasonably have been expected to do it.]

• F126[(7) Where the complainant’s claim for redress is in respect of discrimination—

• (a) by the holder of a recruitment licence under the Public Service Management (Recruitment and Appointments) Act 2004 in the course of such a recruitment or selection process as is referred to in section 76(5)(a),

• (b) by the Minister for Defence in the course of a recruitment process for the Defence Forces, or

• (c) by the Commissioner of the Garda Síochána in the course of a recruitment process for the Garda Síochána,

the complainant shall in the first instance refer the claim for redress to the holder of the recruitment licence concerned or, as the case may be, to the Minister for Defence or the Commissioner of the Garda Síochána.]

• (8) Where subsection (7) applies to a claim for redress in respect of discrimination, the complainant may not refer the case under subsection (1) F123[…] or (3) unless—

• (a) F126[the holder of the recruitment licence concerned] or, as the case may be, the Minister for Defence or the Commissioner of the Garda Síochána have failed to give a decision on the claim on or before the twenty-eighth day after it was referred, or

• (b) the complainant is not satisfied with the decision given on the claim,

and in a case to which paragraph (a) or (b) relates, the end of the period of time which is applicable under subsection (5) (including, where appropriate, applicable under that subsection by reference to subsection (6)) shall be construed as—

• (i) the end of that period, or

• (ii) the end of the period of 28 days from the expiration of the period referred to in paragraph (a) or the date of the decision referred to in paragraph (b),

whichever last occurs.

• F124[(9) Where a claim for redress under this Act (other than on the age or disability ground)—

• (a) relates to employment in the Defence Forces, and

• (b) is made by a member thereof,

the claim shall, in the first instance, be referred for redress under the procedure set out in section 104.]

• (10) Where subsection (9) applies to a claim for redress, the complainant shall not refer a case under subsection (1) F123[…] or (3) unless—

• (a) a period of 12 months has elapsed after the referral under section 104 to which the claim relates and the procedures under section 104(2)(a) have not been requested or have not been completed, or

• (b) the complainant is not satisfied with the recommendation given under section 104(2)(b) on the claim,

and in a case to which paragraph (a) or (b) relates, the end of the period of time which is applicable under subsection (5) (including, where appropriate, applicable under that subsection by reference to subsection (6)) shall be construed as—

• (i) the end of that period, or

• (ii) the end of the period of 28 days from the expiration of the period referred to in paragraph (a) or the date of the recommendation referred to in paragraph (b),

whichever last occurs.

• F125[(11) A party to any proceedings under this Act before the F122[Director General of the Workplace Relations Commission] or Labour Court may be represented by any individual or body authorised by the party in that behalf.

• (12)
• F127[(a) Not later than 42 days from the date of a decision of the F122[Director General of the Workplace Relations Commission] on an application by a complainant for an extension of time under subsection (5), the complainant or respondent may appeal against the decision to the Labour Court on notice to the F122[Director General of the Workplace Relations Commission] specifying the grounds of the appeal.]

• (b) On the appeal the Labour Court may affirm, quash or vary the decision.

• (c) Unless otherwise agreed by the complainant and respondent, effect shall not be given to a decision of the F122[Director General of the Workplace Relations Commission] on such an application until—

• (i) the period of 42 days mentioned in paragraph (a) has expired, or

• (ii) any appeal against it has been determined,

whichever first occurs.

• (13) This section is subject to section 104.]

77A. F128[Dismissal of claim.

77A.—(1) The F129[Director General of the Workplace Relations Commission] may dismiss a claim at any stage if of opinion that it has been made in bad faith or is frivolous, vexatious or misconceived or relates to a trivial matter.

• (2)
• (a) Not later than 42 days after the F129[Director General of the Workplace Relations Commission] dismisses a claim under this section, the complainant may appeal against the decision to the Labour Court on notice to the F129[Director General of the Workplace Relations Commission] specifying the grounds of the appeal.

• (b) On the appeal the Labour Court may affirm or quash the decision.]

78. Mediation.

F130[78. Section 39 of the Act of 2015 shall apply to a case referred to the Director General of the Workplace Relations Commission under section 77 of this Act as it applies to a complaint presented, or dispute referred, to the Director General of the Workplace Relations Commission under section 41 of the Act of 2015, subject to the modification that references to a complaint or dispute under the said section 39 shall be construed as references to a case so referred.]

79. Investigations by F131[Director General of the Workplace Relations Commission] or the Labour Court.

F132[79.—(1) Where a case which has been referred to the F133[Director General of the Workplace Relations Commission] under section 77—

• (a) does not fall to be dealt with by way of mediation under section 78, or

• (b) falls to be dealt with under this section by virtue of section 78(7),

the F133[Director General of the Workplace Relations Commission] shall investigate the case and may, as part of that investigation and if the F133[Director General of the Workplace Relations Commission] considers it appropriate, hear persons appearing to the F133[Director General of the Workplace Relations Commission] to be interested.]

• F134[(1A)
• (a) Claims to have been discriminated against on more than one of the discriminatory grounds shall be investigated as a single case, and

• (b) claims both to have been discriminated against on one or more than one of such grounds and to have been penalised in circumstances amounting to victimisation may, in an appropriate case, be so investigated,

but a decision shall be made on each of the claims.]

• F135[(2) An investigation under this section shall be held in public unless the Director General of the Workplace Relations Commission, of his or her own motion or upon the application by or on behalf of any party, determines that, due to the existence of special circumstances, the investigation (or part thereof) should be held otherwise than in public.]

F137[(2A)(a) Where the F133[Director General of the Workplace Relations Commission] considers that the case may be dealt with on the basis of written submissions only, the F133[Director General of the Workplace Relations Commission] shall notify the parties in writing of his or her proposal to do so.

• (b) A notification under paragraph (a) shall inform the parties of the right to make representations to the F133[Director General of the Workplace Relations Commission] in accordance with paragraph (c).

• (c) A person who receives a notification under paragraph (a) may, within 28 days from the issue of the notification, make representations to the F133[Director General of the Workplace Relations Commission] as to why the case should not be dealt with on the basis of written submissions only.

• (d) Where, in representations made pursuant to paragraph (c), objection is made to the F133[Director General of the Workplace Relations Commission] dealing with the matter on the basis of written submissions only, the F133[Director General of the Workplace Relations Commission] shall not determine the matter in that manner. ]

• (3) If, in a case which is referred on the ground that the complainant is not receiving remuneration in accordance with an equal remuneration term, a question arises whether the different rates of remuneration to which the case relates are lawful by virtue of section 19(5) or 29(5), the F133[Director General of the Workplace Relations Commission] may direct that that question shall be investigated as a preliminary issue and shall proceed accordingly.

• F134[(3A) If, in a case which is referred to the F133[Director General of the Workplace Relations Commission] under section 77, a question arises relating to the entitlement of any party to bring or contest proceedings under that section, including:

• (a) whether the complainant has complied with the statutory requirements relating to such referrals,

• (b) whether the discrimination or victimisation concerned occurred on or after 18 October 1999,

• (c) whether the complainant is an employee, or

• (d) any other related question of law or fact,

the F133[Director General of the Workplace Relations Commission] may direct that the question be investigated as a preliminary issue and shall proceed accordingly.]

• (4) Subject to subsections (2) and (3), the Minister may by regulations specify—

• (a) procedures to be followed by the F133[Director General of the Workplace Relations Commission] F136[…] in carrying out investigations (or any description of investigations) under this section, and

• (b) time limits applicable to such investigations, including procedures for extending those limits in certain circumstances,

but, before making any such regulations, the Minister shall consult F136[…] the Authority and the Director F136[…].

• (5) Unless the Director F136[…] considers it necessary to do so in order to bring an investigation to a proper conclusion, information shall be neither sought nor relied upon for the purpose of an investigation under this section (or of any appeal subsequent thereto) if it relates to or is derived from communications with external advisers to any of the persons referred to in paragraphs (a) to (d) of section 76(5).

• F137[(5A) F138[…]]

• (6) At the conclusion of an investigation under this section (including an investigation of a preliminary issue under F139[subsection (3) or (3A)]), the F133[Director General of the Workplace Relations Commission] shall F139[make a decision] F136[…] and, if the decision F136[…] is in favour of the complainant—

• (a) it shall provide for redress in accordance with section 82, or

• (b) in the case of a decision on a preliminary issue under F132[subsection (3) or (3A)], it shall be followed by an investigation of the substantive issue.

• F134[(7) F138[…]]

• F140[(8)
• (a) The Director General of the Workplace Relations Commission may require a person giving evidence in an investigation under this section to give such evidence on oath or affirmation and, for that purpose, cause to be administered an oath or affirmation to such person.

• (b) A person who, in or for the purpose of an investigation under this section, gives a statement material in the investigation while lawfully sworn as a witness that is false and that he or she knows to be false shall be guilty of an offence and shall be liable—

• (i) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or

• (ii) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 10 years, or both.]

80. References to the Circuit Court.

80.—(1) This section applies where a case is referred to the Circuit Court under section 77(3); and any reference in subsections (2) to (5) of this section to the proceedings is a reference to the proceedings on the reference.

• (2) The jurisdiction of the Circuit Court shall be exercised by the judge for the time being assigned to the circuit where the respondent resides or ordinarily carries on any profession, business or occupation.

• (3) With the substitution of a reference to the Circuit Court for the reference to the F141[Director General of the Workplace Relations Commission], section 79(3) shall apply in relation to a reference to the Circuit Court as it applies in relation to a reference to the F141[Director General of the Workplace Relations Commission].

• (4) If requested to do so by the Circuit Court, the F141[Director General of the Workplace Relations Commission] shall nominate an F142[adjudication officer] to investigate, and prepare a report on, any question specified by the Circuit Court and arising on the reference (including, in particular, any question whether persons are employed to do like work).

• (5) Where a report is prepared for the Circuit Court under subsection (4), then, subject to any directions of the Circuit Court—

• (a) the F142[adjudication officer] shall furnish a copy of the report to the complainant and the respondent and to any other person to whom it relates,

• (b) the report shall be received in evidence in the proceedings, and

• (c) without prejudice to the power of the Circuit Court to require the F142[adjudication officer] by whom the report was prepared to attend and give evidence in the proceedings, the F142[adjudication officer] may be called as a witness in the proceedings by the complainant or the respondent.

81. Consequences of failure to supply information etc.

81.—If, in the course of proceedings on a reference under section 77(3) or of an investigation under section 79, it appears to the Circuit Court F143[or the F144[Director General of the Workplace Relations Commission]] as the case may be—

• (a) that the respondent failed to supply information which the complainant sought by questions under section 76 and which was in the respondent’s possession or power, or

• (b) that the information supplied by the respondent in response to any such question was false or misleading or was otherwise not such as the complainant might reasonably have required in order to make the decision referred to in section 76(1),

the Circuit Court F143[or the F144[Director General of the Workplace Relations Commission]] (as the case may require) may draw such inferences as seem appropriate from the failure to supply the information or, as the case may be, for the supply of information as mentioned in paragraph (b).

82. Redress which may be ordered.

82.—(1) Subject to this section, the types of redress for which a decision of the F145[Director General of the Workplace Relations Commission] under section 79 may provide are such one or more of the following as may be appropriate in the circumstances of the particular case:

• (a) an order for compensation in the form of arrears of remuneration (attributable to a failure to provide equal remuneration) in respect of so much of the period of employment as begins not more than 3 years before the date of the referral under section 77(1) which led to the decision;

• (b) an order for equal remuneration from the date referred to in paragraph (a);

• (c) an order for compensation for the effects of acts of discrimination or victimisation which occurred not earlier than 6 years before the date of the referral of the case under section 77;

• (d) an order for equal treatment in whatever respect is relevant to the case;

• (e) an order that a person or persons specified in the order take a course of action which is so F146[specified;]

• F147[(f) an order for re-instatement or re-engagement, with or without an order for compensation.]

• (2) F148[…]

• (3) The types of redress for which the Circuit Court may provide on a reference under section 77(3) are such one or more of the following as may be appropriate in the circumstances of the particular case:

• (a) an order for compensation in the form of arrears of remuneration (attributable to a failure to provide equal remuneration) in respect of so much of the period of employment as begins not more than 6 years before the date of the referral;

• (b) an order for equal remuneration from the date of the referral;

• (c) the orders referred to in F146[paragraphs (c) to (f)] of subsection (1);

• (d) F148[…]

and no enactment relating to the jurisdiction of the Circuit Court shall be taken to limit the amount of compensation or remuneration which may be ordered by the Circuit Court by virtue of this subsection.

• F149[(4) The maximum amount which may be ordered by the F145[Director General of the Workplace Relations Commission] by way of compensation under subsection (1)(c) or (1)(f) shall be—

• (a) in any case where the complainant was in receipt of remuneration at the date of the reference of the case, or if it was earlier, the date of dismissal, an amount equal to the greatest of—

• (i) 104 times the amount of that remuneration, determined on a weekly basis,

• (ii) 104 times the amount, determined on a weekly basis, which the complainant would have received at that date but for the act of discrimination or victimisation concerned, or

• (iii) €40,000,

or

• (b) in any other case, €13,000. ]

• (5) Where the case for which the redress is to be provided is referred to the F145[Director General of the Workplace Relations Commission] F148[…] and arises—

• (a) under Part III, or

• (b) in any other circumstances (including circumstances amounting to victimisation) to which the Equal Pay Directive or the Equal Treatment Directive is relevant,

the F145[Director General of the Workplace Relations Commission] F148[…] may, in addition to making an order for compensation, also order the payment of interest, at the rate which is applicable under section 22(1) of the Courts Act, 1981—

• (i) in respect of the whole or any part of the amount of the compensation, and

• (ii) in respect of the period beginning on the relevant date and ending on the date of the payment,

and, for the purposes of subparagraph (ii), “the relevant date” means the first day of the period (if any) to which the compensation is expressed to be referable or, if there is no such period, the date of the reference under section 77(1).

• F150[(6)
• (a) The maximum amount of compensation specified in subsection (4) applies notwithstanding that conduct the subject of the investigation by the F145[Director General of the Workplace Relations Commission] constituted—

• (i) discrimination on more than one of the discriminatory grounds, or

• (ii) both discrimination on one or more than one of such grounds and harassment or sexual harassment.

• (b) In paragraph (a) "discrimination" does not include non-compliance with an equal remuneration term.

• (7) An order for compensation under this section may not be made in favour of the Authority in a case referred by it to the F145[Director General of the Workplace Relations Commission] under section 85(1).

• (8) Where an act constitutes victimisation under both this Act and the Equal Status Act 2000, redress may be provided under only one of them.

• (9) Where a delay in referring a case under this Act to the F145[Director General of the Workplace Relations Commission] or Circuit Court is attributable to the respondent’s having misrepresented to the complainant the facts of the case, references in this section to the date of referral shall be construed as references to the date of the misrepresentation.]

83. Appeals from the F151[Director General of the Workplace Relations Commission] to the Labour Court.

F152[83. Section 44 of the Act of 2015 shall apply to a decision of the Director General of the Workplace Relations Commission under section 79 as it applies to a decision of an adjudication officer under section 41 of that Act, subject to the following modifications:

• (a) the substitution of the following subsection for subsection (1):

• "(1)
• (a) A party to a case referred to the Director General of the Workplace Relations Commission under section 77 of the Act of 1998 may appeal a decision of the Director General given in an investigation in relation to that case under section 79 of that Act to the Labour Court and, where the party does so, the Labour Court shall—

• (i) give the parties to the appeal an opportunity to be heard by it and to present to it any evidence relevant to the appeal,

• (ii) make a decision in relation to the appeal affirming, varying or setting aside the decision of the adjudication officer to which the appeal relates, and

• (iii) give the parties to the appeal a copy of that decision in writing.

• (b) The Labour Court shall have power to grant such redress in an appeal under this paragraph as the Director General has power to grant in an investigation under section 79 of the Act of 1998.";

and

• (b) any other necessary modifications.]

84. References by the Labour Court to the F153[Director General of the Workplace Relations Commission.]

84.—(1) F154[…]

• (2) Where an appeal is brought to the Labour Court under section 83 and it considers that its determination on the appeal would be assisted by the exercise of its powers under this subsection, the Labour Court may refer all or any of the matters in issue on the appeal to the F153[Director General of the Workplace Relations Commission] for further investigation or, as appropriate, re-investigation; and, where such a reference is made, the F153[Director General of the Workplace Relations Commission] shall conduct the further or new investigation of the matters so referred and submit a report thereon to the Labour Court.

• (3) Where the Labour Court refers any matters to the F153[Director General of the Workplace Relations Commission] under F155[subsection (2)]—

• (a) it may suspend, in whole or in part, or adjourn its investigation of the case in question or, as the case may be, its hearing of the appeal, pending the receipt of a report from the F153[Director General of the Workplace Relations Commission], and

• (b) it shall take account of the F153[Director General of the Workplace Relations Commission]’s report on the matters referred in reaching its determination.

• (4) Where, on an appeal under section 83, the Labour Court determines that the decision of the F153[Director General of the Workplace Relations Commission] which is in question should be set aside, it may, by its determination, also refer the matter in issue back to the F153[Director General of the Workplace Relations Commission] for a new investigation and decision under section 79.

85. Enforcement powers of the Authority.

85.—(1) Where it appears to the Authority—

• (a) that discrimination or victimisation is being generally practised against persons or that a practice referred to in section 8(4) is being applied or operated,

• (b) that discrimination or victimisation has occurred in relation to a particular person who has not made a reference under section 77 in relation to the discrimination or victimisation and that it is not reasonable to expect that person to make such a reference,

• (c) that there is a failure to comply with an equal remuneration term or an equality clause either generally in a business or in relation to a particular person who has not made a reference under section 77 in relation to the failure and whom it is not reasonable to expect to make such a reference,

• (d) that a publication or display has been made in contravention of section 10,

• (e) that, contrary to section 14, a person has procured or attempted to procure another to do anything which constitutes discrimination or victimisation, or

• (f) that a person has procured or attempted to procure another to break an equal remuneration term or an equality clause,

the Authority may refer the matter to the F156[Director General of the Workplace Relations Commission].

• (2) Where the Authority refers a matter to the F156[Director General of the Workplace Relations Commission] under subsection (1), the preceding provisions of this Part shall apply as if it were a case referred under section 77, except that—

• (a) any reference to the complainant shall be construed as a reference to the Authority,