Harassment, in the equality act, 2004, is any form of unwanted conduct related to any of the nine discriminatory grounds that has the purpose or effect of violating a person s dignity and creating an intimidating, hostile, degrading, humiliating or. The employment equality acts 19982015 a summary ihrec. The equality act, 2004 european institute for gender equality. Statutory instrument no 29 of 2001, statutory instrument no 51 of 2006, and the maternity protection act 2004. Amended by intelligence services act 65 of 2002 from 20 feb 2003. Research paper 0354 7 i introduction the employment equality religion or belief regulations 2003 and the employment equality sexual orientation regulations 2003, laid before parliament in draft on 8 may 2003, arise out of the need to implement the ec directive establishing a general framework for equal treatment in employment and occupation 200078ec adopted on. Sep 21, 2005 the employment equality sexual orientation regulations 2003 and the employment equality religion or belief regulations 2003 came into force on 1 and 2 december 2003. The employment relations act 2004 1 uk0312104f 2 received royal assent on 16 september 2004. These acts repealed the antidiscrimination pay act 1974 and the employment equality act 1977. For the purposes of the acts agency workers are deemed to be employees. The employment equality act 1998 came into force in october 199922 and was subsequently amended by the equality act 2004.
Amended by employment equity amendment act 47 of 20 from 1 aug 2014 amended by general intelligence laws amendment act 52 of 2003 from 28 feb 2003. Guidelines for employment equality policies in enterprises. Dor continues to provide services and advocacy resulting in employment, independent living, and equality for individuals with disabilities. The directive is concerned with the principle of equal treatment of. The main obligations of employers under the act include the following.
Amended by general intelligence laws amendment act 52 of 2003 from 28 feb 2003. This guide sets out the main elements of the maternity protection act 1994. United kingdom employment equality law is a body of law which legislates against prejudicebased actions in the workplace. What is the equality act and age discrimination laws age uk. The act also requires that employees should be provided with equality of opportunity to acquire the range of training, skills and experience necessary for their career development. The employment equality act 1998 and 2004 imposes specific obligations on an employer with regard to the employment of people with disabilities. Research paper 0354 7 i introduction the employment equality religion or belief regulations 2003 and the employment equality sexual orientation regulations 2003, laid before parliament in draft on 8 may 2003, arise out of the need to implement the ec directive establishing a general. The employment relations act 2004 received royal assent on 16 september 2004. They are known together as the employment equality acts 1998 and 2004.
Legislation online irish statute book, ireland pdf of act consulted on 20150311 abstractcitation. Equality act and discrimination within the workplace. The equality act, 2004 european institute for gender. Section 22 indirect discrimination on the gender ground of the act of 1998 is amended a by substituting the following subsections for subsection 1, as amended by the european communities burden of proof in gender discrimination cases regulations 2001 s. Employment equality legislation provides for equal pay for like work. The foundation for equality in the workplace is the employment equality act,1998 which promotes equality and prohibits discrimination in the workplace across the nine grounds of gender,marital status,family status,age,disability,sexual orientation,race,religion and. Include positive actions at all stages for people with disabilities,women,members of the traveller community and older workder,and accommodate employees with disabilities. The employment equality acts apply to employers, providers of vocational training, employment agencies, and advertisers of employment. Equality legislation covers employment as well as the provision of goods and services, including education. Law reform commission, ireland pdf of act as revised to s. This revised act is an administrative consolidation of the employment equality act 1998. Employment statutory code of practice equality and human rights.
The california department of rehabilitation dor is an employment and independent living resource for people with disabilities. The employment equality act 1998 was recently amended by the equality act 2004. Protection of employees employers insolvency act, 1984. The employment equality act 1998 and the amending piece of legislation are referred to together as the employment equality acts 2000 and 2004.
These acts are known together as the employment equality acts 1998 and 2004 and cover the following aspects of employment. This research is funded by the irish human rights and equality grant. The employment equality directive european parliament. Mar 25, 2018 sexual harassment is defined in section 8 equality act, 2004 as 14a. Disability legislation was proposed, to put rights into law, but the act that emerged was an insult. It looks at the implementation of the act in question the employment equality directive on the basis of the existing documents, with special attention given to parliaments input and the commissions reports.
Their main aim is to promote equality by forbidding discrimination in employment, vocational training, advertising, collective agreements and the provision of goods and services. A national disability authority was recommended, to act as an ombudsman. Equality tribunal to extend this time up to 12 months. Employment relations act 2000 external link is on the new zealand legislation website. The regulations were repealed and replaced by the relevant provisions of the equality act 2010 which came into force on. Prohibition of child labour sub part b forced labour 6. Number employmentequalityact1998 employmentequalityact1998. Like work is defined as work that is the same, similar or work of equal value. Section 2 interpretation of the act of 1998 is amended a in subsection 1i by substituting the following definitions for those of contract of employment, the director. Their main aim is to promote equality by forbidding discrimination within employment. Jul 18, 2004 act to amend the employment equality act 1998 and equal status act 2000 for the purpose of making further and better provision in relation to equality of treatment in the workplace and elsewhere.
Sexual harassment is defined in section 8 equality act, 2004 as 14a. The equality act 2010, which will now be referred to as the ea 2010, now governs the regulations regarding sexual discrimination. You can find the booklet, your employment equality rights explained on ihrec. This article highlights the key measures contained in the new legislation. Amended by electronic communications security pty ltd act 68 of 2002 from 28 feb 2003. Amended by employment equity amendment act 47 of 20 from 1 aug 2014. The equal status act 2000 came into effect in october 2000.
The acts are now known as the maternity protection acts 19942004. Section 11 ea 2010, describes what is meant by the protected characteristic of sex, section 11 a states that it is a reference to man or woman. The equal status act 2000 and the equality act 2004 are referred to together as the equal status. Actswhichaffectorpreviouslyaffectedthisrevision creditguaranteeamendmentact201612016 equalitymiscellaneousprovisionsact2015432015. We remain neutral and treat all complaints fairly and professionally and as quickly as we can. Some of the acts provisions took effect in october.
Employment equality acts 1998 law reform commission. There are then two ways in which the tribunal can act on the complaint. On 1 december 2003, the employment equality directive would eventually become part of uk law in the form of the employment equality sexual orientation regulations 2003. Trade unions, gender and claims under irish employment. They also contain a less restrictive definition of indirect discrimination than the equality act, 1998. This article examines trade union activity in representing claimants at equality officer investigations under the republic of irelands employment equality act, 1977. It is one of the terms that must be part of the contract of employment as a result of laws passed by the dail. Collective redundancies and related matters act 2007. The employment equality sexual orientation regulations 2003 and the employment equality religion or belief regulations 2003 came into force on 1 and 2 december 2003. As an integral part of uk labour law it is unlawful to discriminate against a person because they have one of the protected characteristics, which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual. In order to complement the available information, an external study has been requested with regard to the. The irish human rights and equality commission is a statutory body set up to provide information to the public on human rights and equality legislation. This is set in the context of traditional trade union support for gender segregation in employment and the observation that trade union decision.
The act was amended by the equality act 2004, section 27 of the protection of employment exceptional collective redundancies and related matters act 2007, sections 82 and 83 of the civil law miscellaneous provisions act 2008. Communicate on employment equality naming the nine grounds 3. Commissions website where word and pdf versions are also available. Act to amend the employment equality act 1998 and equal status act 2000 for the purpose of making further and better provision in relation to equality of treatment in the workplace and elsewhere. The equality act is a law which protects you from discrimination. The equality act 2004 seeks to implement the provisions of the amended. Amends the employment equality act 1998, pensions act 1990 and equal status act 2000 for the purpose of making further and better provision in relation to equality of treatment in the workplace and elsewhere. Employment equality directive sean crossans scots law. Employers may not discriminate against employees or potential employees on the basis of any of the nine grounds. Deals with payment for, and days in lieu of, public holidays. The equal status act 2000 was recently amended by the equality act 2004. These regulations, which are made under section 22a and b of the european communities act 1972 and come into force on 1st october 2005, implement in great britain council directive 200273 ec of 23 september 2002 the directive and include provision for matters arising out of or relating to such implementation. The comhairle amendment bill, 2004 and a multiannual investment programme for disability support services for the period 20062009. Equal status act 2000 came into effect in october 2000.
The equality act applies to discrimination based on. Your maternity leave rights explained workplace relations. Their main aim is to promote equality by forbidding discrimination in employment, vocational training, advertising, collective agreements and. Develop equality of opportunity in recruitment and selection processes,including advertising 4. The equality act 2004 amends the employment equality act, 1998 and enhances its antidiscrimination provisions. The employment equality acts 1998 to 2004 provide at section 76 that. The equality employment acts 19982015 prohibit discrimination under the nine grounds in employment, including vocational training and work experience. Employment equality acts 1998 and 2004 ee2 ee2responding complaint 24112005 18. Pdf employment equity and workforce diversity in nigeria. The education for persons with special educational needs act, 2004. Apr 04, 2020 the employment equality acts apply to employers, providers of vocational training, employment agencies, and advertisers of employment. Section 2 interpretation of the act of 1998 is amended a in subsection 1i by substituting the following definitions for those of contract of employment, the director, discrimination, employee and proceedings. Government equalities office the equality act, making equality real 5 the equality act we needed this equality act to make the equality laws clearer and stronger.
The employment equality acts 19982015 a summary the employment equality acts 19982015 aim to. Protection of employment exceptional collective redundancies and related. They are known together as the employment equality acts 1998 and 2004 and cover the following aspects of employment. You can find a list of the people who will be helped by this act on page 29. It is hoped that this congress guide will provide additional assistance to unions in fighting discrimination and in ensuring equality. Effectively, both mirror the provisions of the existing sex and race discrimination legislation and both sets of regulations outlaw direct and indirect discrimination.
Equality act or the act this is the governments new law to make sure all people are treated fairly. Code of practice for the employment of people with a. It means that discrimination or unfair treatment on the basis of certain personal characteristics, such as age, is now against the law in almost all cases. Employment statutory code of practice equality and human. Guide to the employment equality acts 19982008 irlandia. The employment equality sex discrimination regulations 2005. Employment relations act 2004 begins to come into force. Continuing on from the original australian eeo legislation and the sex discrimination acts, the workplace gender equality act was passed in 2012 gaze, 2014. This resource summarises the key elements of the employment equality act, 1998 as recently amended by the equality act 2004. The equality tribunal is the independent body set up by law to investigate or mediate complaints of discrimination.
Others are expected to be brought into force in april 2005. These 1970s acts prohibited discrimination in certain areas of employment on the grounds of sex and marital status. The employment relations act 2004 reached the uk statute book in september 2004 and a cluster of its provisions were brought into force in october. Your employment equality irish human rights commission. These acts make it unlawful to discriminate in relation to employment, including.
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