Irish Human Rights and Equality Commission Act 2014

• Permanent Page URL

Equality and human rights compliance notices

36. (1) Where in the course of an inquiry or after such inquiry has been conducted, the Commission is satisfied that any person—

(a) has discriminated or is discriminating,

(b) has contravened or is contravening section 8(4) or 10(1) of the Act of 1998 or section 12(1) of the Act of 2000,

(c) has failed or is failing to comply with an equality clause or an equal remuneration term, or

(d) has violated or is violating human rights,

the Commission may serve an equality and human rights compliance notice on the person.

(2) Before serving an equality and human rights compliance notice on a person under subsection (1), the Commission shall give the person notice (in this section referred to as “advance notice”) of the proposal to serve the equality and human rights compliance notice and the advance notice shall—

(a) specify the act or omission constituting the discrimination, contravention, failure or violation referred to in subsection (1) to which the notice relates, and

(b) inform the person that he or she may make representations to the Commission in accordance with subsection (3).

(3) A person who is served with an advance notice may, within 42 days of the receipt of the notice, make representations to the Commission about the proposed equality and human rights compliance notice.

(4) The Commission shall have regard to any representations made to it under subsection (3) in assessing whether to proceed with the service of the equality and human rights compliance notice.

(5) An equality and human rights compliance notice shall—

(a) specify the act or omission constituting the discrimination, contravention, failure or violation referred to in subsection (1) to which the notice relates,

(b) require the person on whom it is served not to commit or to cease committing, as the case may be, the act or omission concerned or where appropriate, to comply with the equality clause or equal remuneration term,

(c) specify, in the case of discrimination, what steps the Commission requires to be taken by the person on whom it is served,

(d) require the person on whom it is served, within the period specified in the notice to inform the Commission and any other persons so specified of the steps taken in order to comply with the notice,

(e) require the person on whom it is served to supply, within the period specified in the notice, such additional information as may be specified in the notice.

(6) An equality and human rights compliance notice shall, unless an appeal is brought under section 37 , come into operation on the expiry of 56 days from the service of the notice.

(7) Where a person on whom an equality and human rights compliance notice has been served fails to comply with the notice at any time within a period of 5 years from the date on which the notice comes into operation, he or she shall be guilty of an offence and shall be liable on summary conviction to a class C fine or imprisonment for a term not exceeding 1 year or both.