S.L. 452.95 Art. 2Definitions.

(1) For the purposes of these regulations -

"the Act" means the Employment and Industrial Relations Act;

"benefit" includes facilities and services;

"disability" shall have the same meaning as assigned to it by article 2 of the Equal Opportunities (Persons with Disabilities) Act;

"discriminatory treatment" means any distinction, exclusion, restriction or difference in treatment, whether direct or indirect, on any of the grounds mentioned in regulation 1(3) which is not justifiable in a democratic society and includes:

(a) harassment and sexual harassment, as well as any less favourable treatment based on a person’s rejection of or submission to such conduct;

(b) instruction to discriminate against persons on grounds of sex;

(c) any less favourable treatment of a woman related to pregnancy or maternity leave within the meaning of Directive 92/85/EEC;

(d) in so far as the ground of sex is concerned, any less favourable treatment of a person who underwent or is undergoing gender reassignment, which for the purpose of these regulations shall mean where a person is considering or intends to undergo, or is undergoing or has undergone, a process, or part of a process, for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex; "employment" means employment under a contract of service and includes an apprentice as well as the process of recruitment or training of any person with a view to engagement in employment, and in regard to a person already in employment, includes also a promotion to a higher grade or engagement in a different class of employment or appointment to an office or post; "employment agency" means a person who, or an association of persons that, whether for profit or otherwise, provides services related to the purpose of finding employment for workers or for supplying workers to employers, and includes guidance on careers and other services related to employment but excludes educational establishments; "equality body" means a body or bodies for the promotion of equal treatment of all persons without discrimination on the grounds of racial or ethnic origin;

"pay" means the ordinary basic salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly, in respect of his or her employment from his or her employer; "principle of equal treatment" shall mean the absence of direct or indirect discriminatory treatment on any of the grounds referred to in regulation 1(3).

(2) Subject to the provisions of subregulation (1), terms and expressions used in these regulations shall, unless the context requires otherwise, have the meaning assigned to them by the Act.