Employment Equality Act 1998

Indirect discrimination.

31

31. F54 [ (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) F55 [ ]

(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) F56 [ ], as discriminating against an individual on the F57 [ 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) F56 [ ].

Annotations:

Amendments:

F54

Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 20(a), commenced on enactment.

F55

Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 20(a), commenced on enactment.

F56

Deleted (18.07.2004) by Equality Act 2004 (24/2004), s. 20(b), commenced on enactment.

F57

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 102(3), S.I. No. 648 of 2010.