Employment Equality Act 1998

Indirect discrimination on the gender ground.

22

22. F43 [ (1) ( a ) Indirect discrimination occurs where an F44 [ 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) F45 [ ]

(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.

Annotations:

Amendments:

F43

Substituted and inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 13(a), commenced on enactment.

F44

Substituted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 9, S.I. No. 610 of 2015.

F45

Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 13(b), commenced on enactment.

Editorial Notes:

E20

Previous affecting provision: subs. (1)(c) substituted (18.07.2001) by European Communities (Burden of Proof in Gender Discrimination Cases) Regulations 2001 (S.I. No. 337 of 2001), reg. 4(b); superseded as per F-note above.