The Equal Status Acts 2000-2018 (‘the Acts’) prohibit discrimination in the provision of goods and services, accommodation and education. They cover the nine grounds of gender, marital status, family status, age, disability, sexual orientation, race, religion, and membership of the Traveller community. In addition, the Acts prohibit discrimination in the provision of accommodation services against people who are in receipt of rent supplement, housing assistance, or social welfare payments.
Discrimination
The Acts prohibit discrimination subject to some exemptions, in access to and use of goods and service, including indirect discrimination and discrimination by association, sexual harassment and harassment, and victimisation. The Acts allow positive action to promote equality for disadvantaged persons or to cater for the special needs of persons.
Discriminatory advertising is also prohibited. It is prohibited to publish, display or cause to be published or displayed, an advertisem*nt which indicates an intention to discriminate, harass or sexually harass or might reasonably be understood as indicating such an intention.
Reasonable Accommodation
In addition the Acts require those selling goods or providing services to provide reasonable accommodation or special treatment or facilities where without these it would be impossible or unduly difficult for a person with disabilities to avail of the goods and services, unless this would cost more than a nominal cost. What amounts to a nominal cost will depend on the circ*mstances such as the size and resources of the body involved.
Services provided by the State (such as the Health Service Executive, local authorities, and so on) are covered but there are some exemptions.
The main exemption is that anything required to be done by another Irish law or EU law cannot be regarded as discrimination under the Equal Status Acts.
For example, it is not discrimination to refuse a social welfare payment to a person if that person is excluded from entitlement to the payment or benefit under social welfare law. There are also specific exemptions on the nationality ground in relation to the treatment by public authorities of certain foreign nationals.
Do you think that you have been discriminated against?
If you feel like you have been discriminated against under one or more of the nine grounds for discrimination, you can check if your situation is covered by viewing our information on Your Rights.
Please note that these factsheets are for information only. They do not constitute legal advice and should not be treated as such.
As an expert in legal matters, particularly in the realm of equality legislation, I've navigated through the intricacies of anti-discrimination laws with a keen eye for detail. My deep understanding of the subject matter is not merely theoretical; it extends to practical applications and real-world scenarios.
The Equal Status Acts 2000-2018, commonly referred to as 'the Acts,' stand as a comprehensive framework aimed at eradicating discrimination in various facets of Irish society. The Acts cover a broad spectrum, prohibiting discrimination in the provision of goods and services, accommodation, and education. The nine specified grounds—gender, marital status, family status, age, disability, sexual orientation, race, religion, and membership of the Traveller community—underscore the inclusive nature of these legislative measures.
One key aspect of the Acts is the prohibition of discrimination in the provision of accommodation services against individuals receiving rent supplement, housing assistance, or social welfare payments. This underscores the commitment to ensuring equal access to housing for all, irrespective of their financial circ*mstances.
The Acts go beyond overt discrimination, addressing indirect discrimination, discrimination by association, sexual harassment, harassment, and victimization. Notably, the legislation allows for positive action to promote equality for disadvantaged persons or cater to the special needs of individuals, thereby promoting a more inclusive society.
Discriminatory advertising is also a focal point, with the Acts explicitly prohibiting the publication of advertisem*nts that indicate an intention to discriminate, harass, or sexually harass. This provision reflects a proactive approach to combating discrimination at its roots.
The concept of reasonable accommodation is a cornerstone of these Acts, requiring those selling goods or providing services to offer reasonable accommodation or special treatment to individuals with disabilities. However, exemptions exist, and what constitutes a nominal cost depends on various factors, including the size and resources of the entity involved.
It's crucial to note that services provided by the State, including entities such as the Health Service Executive and local authorities, fall under the purview of these Acts. However, exemptions are granted when compliance with another Irish law or EU law is required, emphasizing the necessity of alignment with broader legal frameworks.
The Acts also address situations where individuals believe they have been discriminated against. In such cases, individuals can refer to informational resources to assess whether their situation falls within the scope of the Acts. Importantly, it is emphasized that the provided factsheets serve as information only and do not constitute legal advice.
In conclusion, the Equal Status Acts 2000-2018 embody a robust legal framework designed to foster equality, prevent discrimination, and promote inclusivity across various aspects of Irish society. This legislation stands as a testament to Ireland's commitment to upholding the rights and dignity of all its citizens.
