The Employment Equality Bill, 1996, which we covered in a previous article was referred to the Supreme Court by the President. The Supreme Court has ruled that three parts of the Bill are unconstitutional, namely:

  • the provisions of the Bill dealing with disability
  • "vicarious liability", where an employer was deemed to be liable for any discriminatory offences carried out by an employee
  • the section related to certification as evidence of the offences of obstructing or impeding the Labour Court, the Equality Director or an equality officer
All other provisions in the Bill were held to comply with constitutional requirements.

Emma Crowley of A & L Goodbody's Commercial Department takes a look at the Supreme Court findings and discusses the options now open to the government in relation to this legislation.

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