Employment Equality Act 1998

Discrimination by employers etc.

8

8. (1) In relation to—

( a) access to employment,

( b) conditions of employment,

( c) training or experience for or in relation to employment,

( d) promotion or re-grading, or

( e) classification of posts,

an employer shall not discriminate against an employee or prospective employee and a provider of agency work shall not discriminate against an agency worker.

(2) For the purposes of this Act, neither an employer nor a provider of agency work shall be taken to discriminate against an agency worker unless (on one of the discriminatory grounds) that agency worker is treated less favourably than another agency worker is, has been or would be treated.

(3) In subsections (4) to (8), references to an employee include references to an agency worker and, in relation to such a worker, references to the employer include references to the provider of agency work.

(4) A person who is an employer shall not, in relation to employees or employment—

( a) have rules or instructions which would result in discrimination against an employee or class of employees in relation to any of the matters specified in paragraphs (b) to (e) of subsection (1), or

( b) otherwise apply or operate a practice which results or would be likely to result in any such discrimination.

(5) Without prejudice to the generality of subsection (1), an employer shall be taken to discriminate against an employee or prospective employee in relation to access to employment if the employer discriminates against the employee or prospective employee—

( a) in any arrangements the employer makes for the purpose of deciding to whom employment should be F19 [ offered, ]

( b) by specifying, in respect of one person or class of persons, entry requirements for employment which are not specified in respect of other persons or classes of persons, where the circumstances in which both such persons or classes would be employed are not F19 [ materially different, or ]

F20 [ (c) by publishing or displaying, or causing to be published or displayed, an advertisement which contravenes section 10(1) in so far as such advertisement relates to access to employment. ]

(6) Without prejudice to the generality of subsection (1), an employer shall be taken to discriminate against an employee or prospective employee in relation to conditions of employment if, on any of the discriminatory grounds, the employer does not offer or afford to that employee or prospective employee or to a class of persons of whom he or she is one—

( a) the same terms of employment (other than remuneration and pension rights),

( b) the same working conditions, and

( c) the same treatment in relation to overtime, shift work, short time, transfers, lay-offs, redundancies, dismissals and disciplinary measures,

as the employer offers or affords to another person or class of persons, where the circumstances in which both such persons or classes are or would be employed are not materially different.

(7) Without prejudice to the generality of subsection (1), an employer shall be taken to discriminate against an employee in relation to training or experience for, or in relation to, employment if, on any of the discriminatory grounds, the employer refuses to offer or afford to that employee the same opportunities or facilities for employment counselling, training (whether on or off the job) and work experience as the employer offers or affords to other employees, where the circumstances in which that employee and those other employees are employed are not materially different.

(8) Without prejudice to the generality of subsection (1), an employer shall be taken to discriminate against an employee in relation to promotion if, on any of the discriminatory grounds—

( a) the employer refuses or deliberately omits to offer or afford the employee access to opportunities for promotion in circumstances in which another eligible and qualified person is offered or afforded such access, or

( b) the employer does not in those circumstances offer or afford the employee access in the same way to those opportunities.

Annotations:

Amendments:

F19

Substituted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 5(a) and (b), S.I. No. 610 of 2015.

F20

Inserted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 5(c), S.I. No. 610 of 2015.

Modifications (not altering text):

C10

Application of section restricted (5.12.2011) by Protection of Employees (Temporary Agency Work) Act 2012 (13/2012), s. 9, commenced as per s. 1(2).

Restriction of certain enactments.

9.The following provisions shall, in so far only as they are inconsistent with this Act, not apply to an agency worker to whom this Act applies:

(a) sections 7 and 8 of the Employment Equality Act 1998; and

...

Editorial Notes:

E9

Power granted to Irish Human Rights and Equality Authority to serve an equality and human rights compliance notice on persons who have contravened or are contravening subs. (4) (1.11.2014) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 36(1)(b), S.I. No. 449 of 2014.