Employment Equality Act 1998

Employment agencies.

11

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.

Annotations:

Modifications (not altering text):

C11

Application of section restricted (17.07.2014) by Social Welfare Consolidation Act 2005 (26/2005), s. 359B(4), as inserted by Social Welfare and Pensions Act 2014 (16/2014), s. 18(2), commenced on enactment.

[Discrimination on grounds of age in relation to employment schemes and other schemes and programmes

359B.

...

(4) Section 11 of the Employment Equality Act 1998 shall not apply in relation to the performance by the Minister of his or her functions under this section. ]