Skip to content
Equal Status Act, 2000

Origin And Purpose Of The Act

The Equal Status Act, 2000 prohibits discrimination in the provision of goods, services and facilities. These include access to a publicly available place, transport, accommodation, refreshment, entertainment, banking, insurance, grants, loans, credit, education and professional services – including those provided to members by trade unions.  The Equal Status Act –

  • promotes equality;

  • prohibits certain kinds of discrimination;

  • prohibits sexual harassment and harassment on the nine discriminatory grounds by people buying/selling goods, using services or facilities, dealing with accommodation, attending educational establishments;

  • prohibits victimisation;

  • provides that clubs which discriminate may lose their licence to sell alcohol.

    The Equal Status Act, 2000 came into force on 25 October, 2000. It does not cover events which took place before 25 October, 2000.

    The Nine Grounds Upon Which Discrimination Is Illegal

    The Equal Status Act, 2000 covers direct and indirect discrimination on these following grounds –

  • gender – male, female, transsexual/transgendered;

  • marital status – single, married, separated, divorced, widowed;

  • family status – pregnant, parent or resident primary carer;

  • sexual orientation – heterosexual, gay, lesbian or bisexual;

  • religion – different religious beliefs or none;

  • age – everybody over eighteen years old – the other eight grounds cover those under eighteen;

  • disability – includes people with physical, intellectual, learning, cognitive or emotional disability or range of medical conditions;

  • race - skin colour, nationality, ethnic or national origins;

  • membership of the Traveller Community.

    It also prohibits victimisation, sexual harassment or harassment on any of the nine discriminatory grounds.

    What Does The Act Prohibit?

    The Act prohibits people from discriminating when –

  • they provide goods and services to the public, whether these are free, sold, hired, rented or exchanged;

  • they provide access to and the use of services.

    What Is Discrimination?

    The Act defines discrimination as the treatment of a person in a less favourable way than another person is, has been or would be treated on any of the nine grounds.  Direct discrimination happens when a person is treated less favourably specifically on one of the nine grounds.

    Indirect discrimination is more subtle and occurs where there is less favourable treatment in effect. It happens where people are refused a service not explicitly on a discriminatory ground but because of a practice or requirement, which they cannot satisfy. If the practice or requirement is found to have the effect of excluding a large proportion of the protected group from the service, then the service provider will have indirectly discriminated, if the practice or requirement is not reasonable, and cannot be shown to be ‘objectively justified’.  Discrimination by association occurs where a person associated with another person, belonging to specified groups, is treated less favourably because of that association.

    What About Accommodating Disabled Persons?

    People with disabilities have special needs regarding anti-discrimination measures. Service providers must do all that is reasonable to accommodate the needs of a person with a disability by providing special treatment or facilities in circumstances where, without these, it would be difficult or impossible to avail of goods, services, accommodation, etc.

    What Is A Service Provider?

    The term Service Providerapplies to all who provide goods, services or facilities to the public.

    Service providers could be individuals, organisations or public bodies and their employees.

    What Is A Service?

    The Act defines a facility or service as including –

  • banking, insurance, grants, loans, credit or financing;

  • entertainment, recreation or refreshments;

  • cultural activities;

  • transport or travel;

  • a service or facility provided by a club which is available to the public;

  • a professional trade or service.

    This list is not exhaustive and a broad view is taken as to what constitutes a service under the Act.

    Public services are those provided by the State – a health board, local authority – and are also covered by the Act. Anything required by EU or Irish law is exempted – although this is not so where there is an element of choice or discretion as to how the services are provided.

    Are There Any Circumstances Where A Service Provider Can Treat People Differently?

    Yes. People can be treated differently in relation to –

  • cosmetic services because of their gender because provision involves physical contact;

  • insurance where there is reliable actuarial or statistical data or other relevant underwriting or commercial facts;

  • religious goods or services provided for religious purposes;

  • sporting events because of gender, age, disability or nationality in providing or organising sporting events of facilities;

  • privacy/embarrassment because of gender;

  • promotion of special interests or groups in relation to services;

  • drama and entertainment because of age, gender, disability or race if these are required for reasons of authenticity, aesthetics, tradition or custom;

  • adopting/fostering because of age or requirements;

  • wills/gifts are not covered by the Act;

  • special needs in relation to goods and services.

    Does The Equal Status Act Cover Sexual Harassment And Harassment?

    Yes. The Act prohibits a person (harasser) from harassing or sexually harassing another person (victim) in the following circumstances –

  • the victim uses, or seeks to use, goods, facilities or services provided by the harasser;

  • the victim obtains, or proposes to obtain, accommodation or related services from the harasser;

  • the victim is a student at, or has applied for admission to, or seeks to avail of any services offered by an educational establishment at which the harasser is in a position of authority.

    What Is Sexual Harassment?

    The Act defines sexual harassment as taking place where –

  • any person subjects the victim to an act of physical intimacy or any request for sexual favours from the victim, or subjects the victim to any act or conduct with sexual connotations, including spoken words, gestures or the production, display or circulation of written words, pictures or other material;

  • these actions must be unwelcome to the victim and could reasonably be regarded as offensive, humiliating or intimidating;

  • or the victim must be treated differently because of the rejection of or submission to such notions.

    What Is Harassment?

    The Act defines harassment as being like sexual harassment but without the sexual connotation. The harassment must be based on one of the nine discriminatory grounds.  Harassment occurs when a person subjects the victim to any unwelcome act, request or conduct including spoken words, gestures or the production, display or circulation of written words, pictures or other material which is based on any discriminatory ground and which could reasonably be regarded as offensive, humiliating or intimidating to the victim.

    Where Does Liability For Any Act Of Harassment Lie?

    A Service Provider or a person who is responsible for an educational institution is under a duty to take steps to ensure that another person does not suffer sexual harassment or harassment.  Employers are liable for anything done by an employee in the course of their employment, unless they can prove that they took reasonably practicable steps to prevent the conduct.

    Will Employees Have To Deal With The Equal Status Act?

    Yes. Some situations in which workers may be affected by the Act are as follows:-- employees may, as consumers of goods, services and facilities, experience discrimination and come to their trade union as their first point of advice;

  • a member of the public may allege discrimination against a Service Provider and that allegation may boil down to a complaint against an employee in that Service Provider’s employment;

  • an employee may be disciplined arising out of an allegation of discrimination made by a member of the public against them. An employee may then turn to their trade union to represent the member against such charges;

  • an employee may be denied some goods, services or facilities by their employer or Service

    Provider on one of the nine discriminatory grounds;

  • an employee may be the victim of harassment or sexual harassment by a Service Provider, either as employee or consumer, and seek advice and support from their trade union;

  • an employee’s trade union may be involved in highlighting and attempting to reverse a case of discrimination by a Service Provider at national, regional or branch level.

    It should be noted that if an employee is disciplined by their employer arising out of an allegation of discrimination under the Act by a customer, client or member of the public, that disciplinary action will be contested under normal industrial relations grievance and disciplinary procedures. In the case of a dismissal, an employee may seek redress under the Unfair Dismissals Acts, 1977-2001, arguing that the employer could not show substantial grounds justifying such a dismissal. Whether any such disciplinary action is warranted or not, the customer, client or member of the public may still successfully pursue a claim against the employer, as Service Provider, under the Equal Status Act, 2000.

    What Does An Employee Do If They Think They Have Been Discriminated Against Or Victimised Under The Equal Status Act?

    If an employee has any doubts as to the validity of any claim, advice can be obtained from the Union or the Equality Authority.

    Before Making A Complaint

    Any person, or trade union acting on behalf of a person, who believes that a Service Provider has discriminated against them contrary to the Equal Status Act, 2000, may seek redress by making complaint to the Equality Tribunal.

    Note, however, that before a person can make a complaint to the Equality Tribunal, the Act requires that they must first notify the Service Provider. If this is not done, any complaint may be invalid.

    How Is Notice Of A Complaint Given To The Service Provider?

    This is an essential first step under the Act. It is intended to –

  • enable the person who feels they may have experienced discrimination to seek more information about what has happened;

  • allow the Service Provider to check promptly exactly what has occurred;

  • and give both parties an opportunity to resolve the matter directly.

    Any person thinking of making a complaint of discrimination must first notify the Service Provider

  • in writing;

  • within two (2) months of the incident complained of (or, in the case of repeated incidents, the most recent one);

  • stating the nature of the allegation;

  • and stating their intention to refer a complaint to the Equality Tribunal, if not satisfied with the Service Provider’s response.

    The Equality Tribunal cannot deal with a complaint under the Act unless these conditions have been first satisfied.

    The Equality Tribunal has prepared a standard notification form – Form ODEI 5 – to assist in satisfying these conditions.

    Is The Two Month Deadline Set In Stone?

    The Equality Tribunal has power to extend the time limit by two (2) months but this power is strictly limited. There must be exceptional circumstances. The complainant must apply for an extension and give a very good reason why.

    Is There A Right To Seek Information?

    Yes. The person sending the notification has a right under the Act to ask for relevant information which will help her/him in deciding whether to refer a complaint to the Equality Tribunal. The request should be made in the written notification to the Service Provider.

    Note that a Service Provider is not legally obliged to reply to a request for information. It may, however, harm their case if they do not reply, if they give false or misleading information, or if their reply is unhelpful to a person deciding whether to make a complaint.

    Making A Complaint To The Equality Tribunal

    If the complainant is either not happy with the response to their notification or no attempt has been made to resolve matters, s/he may seek redress by making a complaint to the Equality Tribunal. The person making the complaint is the complainant and the Service Provider said to have discriminated is the respondent.

    Time Limits For Making A Complaint

    A complaint must be made within six (6) months of the last incident of discrimination. The Equality Tribunal may extend the time limit to a maximum of twelve (12) months but this can only be done if there were exceptional circumstances.

    Are Persons Protected Against Victimisation?

    The Equal Status Act, 2000 specifically protects a person against being penalised in any way because they have –

  • made a complaint to the Equality Tribunal about possible discrimination;

  • given evidence in someone else’s complaint;

  • lawfully opposed unlawful discrimination.

    Penalising a person for any of these reasons is called victimisation. This is a form of prohibited discrimination under the Act.

    Complaints of victimisation should be made to the Equality Tribunal in the same way as other forms of discrimination, and with the same provision for redress. It is not necessary that the victimised person was successful in their original complaint, only that s/he acted in good faith.  The Act also provides legal immunity for anyone (including respondents) disclosing information to the Equality Tribunal about a complaint.

    What Happens When The Equality Tribunal Receives A Complaint?

    The Equality Tribunal can, with the consent of both parties, appoint an Equality Mediation Officer or can investigate the matter.

    If there is a finding in favour of the complainant, remedies can include compensation of up to €6,350 and a course of action required of the person against whom the complaint was made.

    Appeals And Enforcement

    A complainant may refer the Decision to the Circuit Court within six (6) weeks of its date of issue if the respondent has failed or refused to implement it, and no appeal is lodged. The Circuit Court will either uphold, upset or vary the Decision and can also make an order for legal costs against the non-complying party, and it can order additional compensation (not exceeding what the Equality Tribunal would have ordered), and/or award interest on unpaid compensation.




    • Previous and Next: Employment Equality Act, 1998 |