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21 1998

EMPLOYMENT EQUALITY ACT, 1998

PART VI

Equality Reviews and Action Plans and Review of Legislation

Definition (Part VI).

68. —In this Part “substantive notice” means a notice under subsection (1) or (2) of section 70 or such a notice as confirmed (with or without amendment) by the Labour Court under section 71 (3).

Equality reviews and action plans.

69. —(1) For the purposes of this Part, an equality review is—

(a) an audit of the level of equality of opportunity which exists in employment in a particular business, group of businesses or the businesses making up a particular industry or sector thereof, and

(b) an examination of the practices, procedures and other relevant factors (including the working environment) of, in and material to that employment to determine whether those practices, procedures or other factors are conducive to the promotion of equality of opportunity in that employment.

(2) For the purposes of this Part, an equality action plan is a programme of actions to be undertaken in employment in a business or businesses to further the promotion of equality of opportunity in that employment.

(3) The Authority may invite a particular business, group of businesses or the businesses making up a particular industry or sector thereof to do either or both of the following:

(a) carry out an equality review in relation to their business or businesses;

(b) prepare and implement an equality action plan in respect of that business or those businesses.

(4) The Authority may, if it thinks it appropriate, itself carry out an equality review and prepare an equality action plan in relation to a particular business, group of businesses or the businesses making up a particular industry or sector thereof; and, for the purpose of assisting in the conduct of such an audit or examination as is referred to in subsection (1), the Authority may, with the approval of the Minister, employ one or more persons having qualifications which, in the opinion of the Authority, relate to that examination.

(5) The powers conferred by subsection (4) do not apply in relation to any business which has less than 50 employees (and, accordingly, references to a group of businesses or the businesses making up a particular industry or sector thereof do not include such a business).

(6) An equality review and an action plan may be directed at the generality of equality of opportunity or at a particular aspect of discrimination in an employment.

(7) For the purposes of this section—

(a) “business” includes an activity giving rise to employment, whether or not in the industrial or commercial field, and whether or not with a view to profit, and

(b) a “group of businesses” may be defined by reference to geographical location instead of (or as well as) by reference to control or any other factor.

Enforcement powers in respect of equality reviews and action plans.

70. —(1) Subject to subsections (3) and (4), if it appears to the Authority appropriate to do so for the purpose of an equality review or the preparation of an equality action plan, the Authority may do either or both of the following:

(a) require any person, by notice served personally or by registered post, to supply to the Authority such information as it specifies in the notice and required for the purpose;

(b) require any person, by notice so served, to produce to the Authority or send to it such document as it specifies in the notice and is in that person's power or control,

but nothing in this subsection shall entitle the Authority to require the supply of information, or the production or sending of a document, relating to a business which has less than 50 employees.

(2) Subject to subsections (3) and (4), if it appears to the Authority that there is a failure in any business or businesses to implement any provision of an equality action plan, the Authority may require any person, by notice served personally or by registered post, to take such action as—

(a) is specified in the notice,

(b) is reasonably required for the implementation of the plan, and

(c) it is within that person's power to take.

(3) Before serving a substantive notice on any person, the Authority shall give that person notice in writing (in subsection (4) referred to as an “advance notice”) of the proposal to serve the substantive notice and of the proposed contents of that notice.

(4) Where—

(a) the Authority has given an advance notice to any person, and

(b) within 28 days from the date of receipt of the advance notice, that person makes representations to the Authority about the proposed substantive notice, the Authority shall have regard to those representations before deciding whether or not to proceed with service of the proposed substantive notice and, if so, as to its contents.

Appeal against substantive notice.

71. —(1) A person on whom a substantive notice has been served may appeal to the Labour Court within 42 days of the date of service against the notice or any requirement of the notice.

(2) Where an appeal under subsection (1) is not made, a substantive notice shall come into operation on the expiry of the 42 day period referred to in that subsection.

(3) Where the Labour Court has heard an appeal under subsection (1), it may either confirm the notice in whole or in part (with or without an amendment of the notice) or allow the appeal.

(4) Where the Labour Court confirms a substantive notice, the notice (as so confirmed in whole or in part) shall come into operation on such date as it shall fix.

(5) Where the Labour Court allows an appeal under subsection (1), the substantive notice appealed against shall cease to have effect.

Enforcement of substantive notices.

72. —(1) If, on an application made by the Authority, the High Court or, as the case may be, the Circuit Court is satisfied that a person on whom a substantive notice has been served has failed to comply with the notice, the court may make an order directing that person to comply with the notice.

(2) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the person on whom the substantive notice was served ordinarily resides or carries on any profession, business or occupation.

Review of legislation.

73. —(1) Where, in the opinion of the Authority, the working or effect of any of the enactments for the time being specified in subsections (1) to (4) of section 17 , or of any provision contained in or made under any such enactment, is likely to affect or impede the elimination of discrimination in relation to employment or the promotion of equality of opportunity in relation to employment—

(a) between men and women, or

(b) between persons who differ in terms of any of the other discriminatory grounds,

the Authority may, if it thinks fit, and shall if so required by the Minister, carry out a review of that enactment or provision or of its working or effect.

(2) For the purpose of assisting it in making a review under this section, the Authority shall consult such organisations of trade unions and of employers as it considers appropriate.

(3) Where the Authority makes a review under this section, it may make to the Minister a report of the review, and shall do so where the review was required by the Minister.

(4) A report under subsection (3) may contain recommendations for amending any enactment or provision reviewed.