Equality

Background The Irish Constitution contains a guarantee of equal treatment.  However, the courts have interpreted the protection narrowly. It allows, to a significant extent, the treatment of persons with references to differences in relevant circumstances.  It prohibits insidious and arbitrary discrimination only. Apart from a limited number of cases, the equality clause in the Irish Constitution has not been widely deployed. Gender Equality is enshrined in the European Union founding treaty. Ireland was obliged to give effect to anti-discrimination legislation in the area of equal pay and equal treatment in employment on acceding to the European Economic Community.  A famous case in 1975 decided that the gender equality protection in the EEC Treaty was directly applicable so that it invalidated the inconsistent national law. Irish Legislation Anti-discrimination law has developed considerably over the last 45 years.  Anti-Discrimination law first evolved in the context of employment equality.  The earliest Irish anti-discrimination legislation dealt with gender discrimination only.… Read the rest

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General Prohibition Discrimination is  unlawful in employment, education, training, the provision of goods and services and collective agreements.  The original gender-based grounds of discrimination have  been broadened. They cover the following grounds race (colour, nationality, ethnic or national origin); gender; sexual orientation (heterosexual, homosexual or bisexual); membership of the travelling community; disability (including the total or partial absence of bodily or mental functions or chronic disease); ageism; religious belief or outlook; family status (whether the person concerned is a parent or not); marital status (whether the person concerned is single, married, divorced, separated or widowed) housing assistance (not relevant to employment). It is unlawful discrimination to treat a person in a less favourable way, on the basis of any of the above grounds. Unlawful Discrimination Direct discrimination is unlawful, subject to very limited permitted exceptions.  Once it is shown that a person has been treated less favourably than a comparator on one of the prohibited grounds under equality law, the discrimination is unlawful, unless it can be justified under very narrow exceptions.… Read the rest

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General Exemptions The Equal Status Act applies to goods and services provided to the public or to a section of the public.  Accordingly, private activities are exempt, in so far as they relate to the provisions of goods and services. The renting of a room in a private home is not subject to the legislation. It is not unlawful discrimination if it is capable of being justified as reasonable in the circumstances and where it is appropriate and necessary for a legitimate purpose. Some exemptions allow for the special treatment of persons in a particular category.  Preferential treatment which is bona fide intended to promote equality of opportunity for those disadvantaged or having special needs is permissible. Differences in the treatment of persons in that category must be reasonably necessary to promote their special interest.  The treatment must be undertaken in good faith.  The provision allows a measure of positive discrimination, but there are strict conditions.   … Read the rest

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Overview The Director of the Equality Tribunal and Equality officers formerly dealt with claims of unlawful discrimination in relation to trade and service as well as employment.  A claim could be made directly to the Labour Court on the basis of general gender discrimination as an alternative. The Equality Tribunal decision could be appealed within 42 days to the Labour Court. Equality claims are now dealt with by the Workplace Relations Commission, in accordance with their procedures. The now deal with employment and non-employment-based claims. In non-employment cases, the appeal is to the Circuit Court. In employment cases, the appeal is to the Labour Court. Complaints in relation to a breach of equality obligations are made to the Director-General of the Workplace Relations Commission. The complaints are heard by adjudication officer unless resolved on mediation with the assistance of a mediation officer. An appeal may be taken to the Labour Court.… Read the rest

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Overview The Equal Status Act prohibits harassment and, in particular, sexual harassment.  Harassment is categorised as a form of discrimination, which involves the exercise of power and dominance on one of the statutorily prohibited grounds of discrimination. A person shall not harass (sexually or otherwise) another person where the latter seeks to avail of a service or purchase goods. An employer or another body may be liable for harassment perpetrated by a third-party who was present unless he took reasonably practicable steps to prevent it. It is an offence to procure or attempt to procure another person to engage or procure another person to engage in discrimination, sexual harassment or harassment or to permit sexual harassment or harassment of a person. Background and Discriminatory Element Earlier versions of the equality legislation categorised some types of harassment, as a form of direct discrimination. Complainants were required to show that they had been treated less favourably than the relevant comparator based on a discriminatory ground. … Read the rest

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Religious  Ground of Discrimination The Equal Status Act applies the principle of equality to the disposal and provision of goods and services to the public generally.  A trader or other service provider may not discriminate between customers or services recipients on certain specified grounds. The grounds include religious belief and race The Equal Status Act protects against discrimination in relation to the provision of goods and services access to, or the use of any place; facilities for any banking, insurance, loans or financing; entertainment, recreation, cultural activities, transport or travel; services provided by a club; professional or trade services. Discrimination involves the application of different treatment, practices or rules to comparable situations or, in some cases, the application of the same treatment, practices and rules to different situations. Discrimination Generally The legislation prohibits discrimination in respect of characteristics imputed to a person, even if he does actually have those characteristics. This would apply, for example, to a person who is incorrectly perceived to be homosexual.… Read the rest

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Disability Ground A trader and other services provides may not discriminate between customers or services recipients on certain specified grounds. The grounds include that of disability. The Equal Status Act protects against discrimination in relation to the provision of goods and services access to, or the use of any place; facilities for any banking, insurance, loans or financing; entertainment, recreation, cultural activities, transport or travel; services provided by a club; professional or trade services. Disability Meaning Disability is defined as total or partial absence of a person’s bodily or mental functions including the absence of a bodily part; presence in the body of an organism causing or likely to cause chronic disease or illness; malfunction, malformation or disfigurement of a part of a person’s body; a condition or malfunction which results in a person learning differently from a person without the condition or malfunction; a condition, illness or disease which affects a person’s thought processes, the perception of reality, emotions or judgments or which result in disturbed behaviour.… Read the rest

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Convention Ireland is a signatory to the International Convention on the Elimination of All Forms of Racial Discrimination.  This covers distinction, exclusion or restriction, on the basis of race, colour, descent, national or ethnic origin, which has the purpose or effect of nullifying or impairing recognition or enjoyment on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural and other public fields. Under the Convention, the State is obliged not to engage in or sponsor discrimination on the basis of race.  States must take steps to eliminate racial discrimination.  Incitement to racial hatred and discrimination must be prohibited.  Steps should be taken to avoid racial prejudice in the areas of education, culture and information. There must be redress and effective protection available against discrimination.  An individual who has exhausted all internal Irish remedies may petition the Committee on the Elimination of Racial Discrimination, on the basis that the State has violated its obligations under the Convention.… Read the rest

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Convention Ireland is a signatory to the International Convention on the Elimination of All Forms of Racial Discrimination.  This covers distinction, exclusion or restriction, on the basis of race, colour, descent, national or ethnic origin, which has the purpose or effect of nullifying or impairing recognition or enjoyment on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural and other public fields. Under the Convention, the State is obliged not to engage in or sponsor discrimination on the basis of race.  States must take steps to eliminate racial discrimination.  Incitement to racial hatred and discrimination must be prohibited.  Steps should be taken to avoid racial prejudice in the areas of education, culture and information. There must be redress and effective protection available against discrimination.  An individual who has exhausted all internal Irish remedies may petition the Committee on the Elimination of Racial Discrimination, on the basis that the State has violated its obligations under the Convention.… Read the rest

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Prohibited Grounds of Discrimination A trader and other services provides may not discriminate between customers or services recipients on certain specified grounds. The grounds are gender; marital status; religious belief; age; sexual orientation; disability; race; and membership of the travelling community. Discrimination involves the application of different treatment, practices or rules to comparable situations or, in most cases, the application of the same treatment, practices and rules to different situations. The legislation prohibits discrimination in respect of characteristics imputed to a person, even if he does actually have those characteristics. It is unlawful discrimination if a person is treated less favourably because he is associated with a person who falls into one of the protected categories. Age Overview Age discrimination is that based on age. The principles that apply to the various non-gender grounds of discrimination apply to discrimination based on age. It is generally prohibited.  Age-related discrimination requires that the complainant and the comparator be of a different age.… Read the rest

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