Employment Equality Act 1998

Imposition of certain requirements to be lawful.

36

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 F66 [ 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.

Annotations:

Amendments:

F66

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 25, S.I. No. 211 of 2013.