Employment Equality Act, 1998
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Imposition of certain requirements to be lawful. |
36.—(1) Nothing in this Part or Part II shall make unlawful the application of any provision (whether in the nature of a requirement, practice or otherwise) such as is mentioned in subsection (2) with respect to— | |
(a) holding office under, or in the service of, the State (including the Garda Síochána and the Defence Forces) or otherwise as a civil servant, within the meaning of the Civil Service Regulation Act, 1956 , or | ||
(b) officers or servants of a local authority, for the purposes of the Local Government Act, 1941 , a harbour authority, a health board or vocational education committee. | ||
(2) The provisions referred to in subsection (1) are those relating to all or any of the following: | ||
(a) residence; | ||
(b) citizenship; | ||
(c) proficiency in the Irish language. | ||
(3) Nothing in this Part or Part II shall make unlawful the application of any provision (whether in the nature of a requirement, practice or otherwise) in relation to proficiency in the Irish language with respect to teachers in primary and post-primary schools. | ||
(4) Nothing in this Part or Part II shall make it unlawful to require, in relation to a particular post— | ||
(a) the holding of a specified educational, technical or professional qualification which is a generally accepted qualification in the State for posts of that description, or | ||
(b) the production and evaluation of information about any qualification other than such a specified qualification. | ||
(5) Nothing in this Part or Part II shall make it unlawful for a body controlling the entry to, or carrying on of, a profession, vocation or occupation to require a person carrying on or wishing to enter that profession, vocation or occupation to hold a specified educational, technical or other qualification which is appropriate in the circumstances. | ||
(6) Nothing in this section shall render lawful discrimination on the gender ground. |