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Home About Us Services Publications Information Publications Research Publications Codes of Practice Policy Publications Good Practice Publications Annual Reports Casework Reports Newsletters Submissions Articles All Articles Update by CEO Case Reports EU Briefings Information FAQs Events Research Equality Mainstreaming Unit Links Contact Us Translations Sitemap Gaeilge	Equality Act 2004 New equality legislation in the form of the Equality Act 2004 was recently enacted. Queries to the Equality Authority Call Centre have been made about all aspects of the legislation, but some queries are more common than others. As a result we have decided to compile a list of most frequently asked questions asked about this area and the replies: What was the purpose of the Equality Act 2004? The Equality Act 2004 aims to implement three EU Council Directives - the Race Directive (2000/43/EC), the Framework Employment Directive (2000/78/EC) and the Revised Gender Equal Treatment Directive (2002/73/EC). The Directives require all EU member states to prohibit discrimination, harassment and victimisation on the grounds of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation, in relation to employment and occupational and vocational training. The scope of the Race Directive is broader and extends beyond employment and self-employment to the provision of goods and services, housing social protection and health care. What are the main changes in the Employment Equality Act 1998 and the Equal Status Act 2000? There are a number of changes made to both pieces of legislation. However the most significant change to the Employment Equality Act 1998 include the expansion of the scope of the Act to include self-employed people and partners in partnerships and the inclusion of people in domestic employment. Also the definition of discrimination in the Employment Equality Act include discrimination by association or where discrimination is imputed to the person concerned. The legislation also requires that an employer take appropriate measures to facilitate a person with a disability to enable them to have access to employment, participate or advance in employment or undergo training, unless , it imposes a 'disproportionate burden' on the employer. Appropriate measures may include the adaptation of premises and equipment, patterns of working time, distribution of tasks or the provision of training. A new exemption is introduced in the Equal Status Act. This exempts any action taken by a public authority in relation to certain non- nationals in accordance with any provision or conditions made by or under any enactment and arising from his or her entry to or residence in the State. What is discrimination? Discrimination shall be taken to occur where a person is treated less favourably than another person is, has been or would be treated in a comparable situation on any of the nine grounds. The provisions include situations of direct/ indirect discrimination, discrimination by association and by imputation. Indirect discrimination means that a practice, requirement or condition is set down by the employer or service provider and members of a group covered by equality legislation find it more difficult to fulfil that particular requirement or condition, than people who are not members of that group. In this situation the employer or service provider will now have to show that there is a legitimate aim for the policy pursued, which can be objectively justified. It also means demonstrating that the means of achieving that aim are appropriate and necessary. Are there any changes in the grounds of discrimination? In relation to employment, the upper age limit for age ground claims has been abolished. There are certain exceptions though, which will allow an employer to set a compulsory retirement age and also to offer fixed term contracts to employees above an age. The new lower age limit for complaints on the age ground is the school leaving age but with a provision to allow the employer to set a minimum age up to 18 years for recruitment. The Equal Status Act is applicable to everybody over 18 with separate provisions for licensed drivers under that age seeking motor vehicle insurance. Are there any other changes? The definition of sexual harassment in employment has been broadened to include same-sex harassment. There are now more situations established in which a person can claim victimisation. A person can claim victimisation where dismissal or other adverse treatment of the complainant or witness occurred as a reaction to seven scenarios set out in the Act. Positive Action measures are now permitted on all of the grounds with the aim of ensuring full equality in practice in employment. Have the ceilings on financial awards under the legislation increased? No. The upper limit of €6349 in relation to cases under the Equal Status Act and the current ceiling in employment cases including the maximum limit of €10,000 in relation to access to employment under the Employment Equality Act have not altered. Are there extensions to the time limits for referring claims to the Equality Tribunal? Anybody wishing to make a claim of discrimination must notify the person against whom the claim is being made in writing within two months of the incident. A complainant must still refer a claim to the Equality Tribunal within six months of the last occurrence of the act alleged to constitute discrimination. The Act states that the Labour Court or the Director of the Equality Tribunal (as appropriate) can extend the two months or the six months time limit for 'reasonable cause'. Links to the updated explanatory booklets can be found at the bottom of this webpage. Note: This article is taken from the Winter 2004 edition of Equality News.	Search Tick the box to search just the current location and its sublocations Advanced Search

Equality Act 2004

New equality legislation in the form of the Equality Act 2004 was recently enacted. Queries to the Equality Authority Call Centre have been made about all aspects of the legislation, but some queries are more common than others. As a result we have decided to compile a list of most frequently asked questions asked about this area and the replies:

What was the purpose of the Equality Act 2004?

The Equality Act 2004 aims to implement three EU Council Directives - the Race Directive (2000/43/EC), the Framework Employment Directive (2000/78/EC) and the Revised Gender Equal Treatment Directive (2002/73/EC). The Directives require all EU member states to prohibit discrimination, harassment and victimisation on the grounds of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation, in relation to employment and occupational and vocational training. The scope of the Race Directive is broader and extends beyond employment and self-employment to the provision of goods and services, housing social protection and health care.

What are the main changes in the Employment Equality Act 1998 and the Equal Status Act 2000?

There are a number of changes made to both pieces of legislation. However the most significant change to the Employment Equality Act 1998 include the expansion of the scope of the Act to include self-employed people and partners in partnerships and the inclusion of people in domestic employment. Also the definition of discrimination in the Employment Equality Act include discrimination by association or where discrimination is imputed to the person concerned. The legislation also requires that an employer take appropriate measures to facilitate a person with a disability to enable them to have access to employment, participate or advance in employment or undergo training, unless , it imposes a 'disproportionate burden' on the employer. Appropriate measures may include the adaptation of premises and equipment, patterns of working time, distribution of tasks or the provision of training.

A new exemption is introduced in the Equal Status Act. This exempts any action taken by a public authority in relation to certain non- nationals in accordance with any provision or conditions made by or under any enactment and arising from his or her entry to or residence in the State.

What is discrimination?

Discrimination shall be taken to occur where a person is treated less favourably than another person is, has been or would be treated in a comparable situation on any of the nine grounds. The provisions include situations of direct/ indirect discrimination, discrimination by association and by imputation. Indirect discrimination means that a practice, requirement or condition is set down by the employer or service provider and members of a group covered by equality legislation find it more difficult to fulfil that particular requirement or condition, than people who are not members of that group. In this situation the employer or service provider will now have to show that there is a legitimate aim for the policy pursued, which can be objectively justified. It also means demonstrating that the means of achieving that aim are appropriate and necessary.

Are there any changes in the grounds of discrimination?

In relation to employment, the upper age limit for age ground claims has been abolished. There are certain exceptions though, which will allow an employer to set a compulsory retirement age and also to offer fixed term contracts to employees above an age. The new lower age limit for complaints on the age ground is the school leaving age but with a provision to allow the employer to set a minimum age up to 18 years for recruitment. The Equal Status Act is applicable to everybody over 18 with separate provisions for licensed drivers under that age seeking motor vehicle insurance.

Are there any other changes?

The definition of sexual harassment in employment has been broadened to include same-sex harassment. There are now more situations established in which a person can claim victimisation. A person can claim victimisation where dismissal or other adverse treatment of the complainant or witness occurred as a reaction to seven scenarios set out in the Act. Positive Action measures are now permitted on all of the grounds with the aim of ensuring full equality in practice in employment.

Have the ceilings on financial awards under the legislation increased?

No. The upper limit of €6349 in relation to cases under the Equal Status Act and the current ceiling in employment cases including the maximum limit of €10,000 in relation to access to employment under the Employment Equality Act have not altered.

Are there extensions to the time limits for referring claims to the Equality Tribunal?

Anybody wishing to make a claim of discrimination must notify the person against whom the claim is being made in writing within two months of the incident. A complainant must still refer a claim to the Equality Tribunal within six months of the last occurrence of the act alleged to constitute discrimination. The Act states that the Labour Court or the Director of the Equality Tribunal (as appropriate) can extend the two months or the six months time limit for 'reasonable cause'.

Links to the updated explanatory booklets can be found at the bottom of this webpage.

Note: This article is taken from the Winter 2004 edition of Equality News.