Employment Equality Act 1998

Advertising.

10

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.

Annotations:

Amendments:

F21

Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 5, commenced on enactment.

F22

Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 83(1)(c)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).

Editorial Notes:

E10

Power granted to Irish Human Rights and Equality Commission to serve an equality and human rights compliance notice on persons who have contravened or are contravening subs. (1) (1.11.2014) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 36(1)(b), S.I. No. 449 of 2014.