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The Equality Act 2004 introduces significant amendments to the Employment Equality Act 1998 and the Equal Status Act 2000

On the 19th July, 2004 the President signed into law the Equality Act 2004, (the "Act"). The purpose of the Act is to make further and better provisions in relation to Equality of Treatments in the work place and elsewhere in Society.

The Act amends the Employment Equality Act 1998 and the Equal Status Act 2000. The Act also gives effect to numerous European Directives including the general framework for equal treatment and employment Directive (2002/73/EC), the equal treatment between persons irrespective of racial or ethnic origin Directive (2000/78/EC) and the equal treatment for men and women as regards access to employment, vocational training and promotion and working conditions Directive (76/207/EEC).

All sections of the Act came into operation with effect from the 19th July 2004 and the two main pieces of legislation affected are the Employment Equality Act 1998 and the Equal Status Act 2000.

The main amendments to the Employment Equality Act 1998

The extension of the scope of the 1998 Act to persons employed in a self-employed capacity.
The extension of positive action provisions to all nine grounds covered by the Act (gender, age, disability, race, religious belief or lack of belief, family status, marital status, sexual orientation, member of the travelling community), the extension of the age ground provisions of the Act to persons under the age of 18. However, the person must be over the minimum school leaving age. The age ground provisions of the Act are also extended to people over the age of 65. However, employers will still be allowed to set a minimum recruitment age of 18 or under and to set retirement ages.
Provision for the narrowing of the exclusions from the provisions of the 1998 Act in respect of employment in private household.
The requirements on employers to provide reasonable accommodation to persons with disabilities. However, this is subject to a proviso that the provision of the reasonable accommodation does not impose a disproportionate burden on the employer.
The transfer of the jurisdiction for discriminatory dismissal cases from the Labour Court to the Equality Tribunal.

The main amendments to the Equal Status Act 2000

The Act provides a means of redress for motor drivers under the age of 18 years who have been discriminated against by motor insurance companies.
Provisions for the shifting of the evidential burden of proof from the complainant to the respondent once the complainant has established a prima facia case.
Allowing claimants and respondents to choose any person, including an organisation to represent them before the ODEI/Equality Tribunal.