Equal Status Act 2000


Number 8 of 2000


EQUAL STATUS ACT 2000

REVISED

Updated to 3 October 2018


This Revised Act is an administrative consolidation of the Equal Status Act 2000. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, and all statutory instruments up to and including Education (Admission to Schools) Act 2018 (Commencement) Order 2018 (S.I. No. 396 of 2018), made 3 October 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 8 of 2000


EQUAL STATUS ACT 2000

REVISED

Updated to 3 October 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Equal Status Acts 2000 to 2018 : this Act is one of a group of Acts included in this collective citation ( Education (Admission to Schools) Act 2018, s. 13(3)). The Acts in the group are:

Equal Status Act 2000 (8/2000)

Intoxicating Liquor Act 2003 (31/2003), s. 25

Equality Act 2004 (24/2004), Part 3

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), Part 14

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 21 insofar as it refers to s. 21 of the Equal Status Act 2000 and ss. 27 to 29 (citation only)

Equal Status (Amendment) Act 2012 (41/2012)

Equality (Miscellaneous Provisions) Act 2015 (43/2015), ss. 12 to 15

Education (Admission to Schools) Act 2018 (23/2018), s. 11

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1982, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Education (Admission to Schools) Act 2018 (23/2018)

Equality (Miscellaneous Provisions) Act 2015 (43/2015)

National Minimum Wage (Low Pay Commission) Act 2015 (22/2015)

Workplace Relations Act 2015 (16/2015)

Irish Human Rights and Equality Commission Act 2014 (25/2014)

Equal Status (Amendment) Act 2012 (41/2012)

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008)

Disability Act 2005 (14/2005)

Residential Tenancies Act 2004 (27/2004)

Equality Act 2004 (24/2004)

Intoxicating Liquor Act 2003 (31/2003)

Pensions Act 1990 (25/1990)

All Acts up to and including Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Equality Tribunal (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (S.I. No. 531 of 2012)

Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2012 (S.I. No. 208 of 2012)

Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011)

Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010)

Equal Status Act 2000 (Commencement) Order 2000 (S.I. No. 321 of 2000)

Equal Status Act, 2000 (Section 47) (Commencement) Order 2000 (S.I. No. 168 of 2000)

All statutory instruments up to and including Education (Admission to Schools) Act 2018 (Commencement) Order 2018 (S.I. No. 396 of 2018), made 3 October 2018, were considered in the preparation of this revision.


Number 8 of 2000


EQUAL STATUS ACT 2000

REVISED

Updated to 3 October 2018


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title.

2.

Interpretation.

3.

Discrimination (general).

4.

Discrimination on ground of disability.

PART II

Discrimination and Related Activities

5.

Disposal of goods and provision of services.

6.

Disposal of premises and provision of accommodation.

7.

Educational establishments.

7A.

Recognised primary schools.

8.

Discriminating clubs.

9.

Non-discriminating clubs.

10.

Further provision in relation to discriminating clubs.

11.

Sexual and other harassment.

12.

Prohibited advertising.

13.

Procurement of prohibited conduct.

14.

Certain measures or activities not prohibited.

15.

Certain activities not discrimination.

16.

Other non-discriminatory activities.

17.

Regulations relating to vehicle equipment.

18.

Regulations relating to station equipment.

19.

Provision of kerb ramps, etc.

PART III

Enforcement

20.

Definitions.

21.

Redress in respect of prohibited conduct.

21A.

Date of claim for redress, etc.

22.

Dismissal of claims.

23.

References of certain matters to [Director of the Workplace Relations Commission].

24.

Mediation.

25.

Investigation by [Director of the Workplace Relations Commission].

25A.

Representation in proceedings under section 24 or 25.

26.

Inferences from failure to supply information, etc.

27.

Redress which may be ordered.

28.

Appeal against decision of [Director of the Workplace Relations Commission].

29.

Form and contents of decision.

30.

Supply and publication of decision.

31.

Enforcement of decisions and mediated settlements.

32.

Additional powers of Circuit Court on enforcement.

33.

Powers to enter premises, obtain information, etc.

34.

Requirement to provide information.

35.

Failure to supply documents, information, etc.

36.

Supplementary provisions as to information.

37.

Obstruction of [Director of the Workplace Relations Commission], etc.

37A.

Award of expenses.

38.

Dismissal of cases not pursued.

38A.

Burden of proof.

PART IV

Equality Authority

39.

Additional functions of Authority.

PART V

General

40.

Expenses.

41.

Regulations.

42.

Vicarious liability.

43.

Offences generally.

44.

Offence-related provisions.

45.

Court jurisdiction.

46.

Application of Act.

47.

Amendment of Employment Equality Act, 1998.

48.

Commencement.

SCHEDULE

Amendment of Employment Equality Act, 1998


Acts Referred to

Anti-Discrimination (Pay) Act, 1974

1974, No. 15

Child Care Act, 1991

1991, No. 17

Courts Act, 1981

1981, No. 11

Education Act, 1998

1998, No. 51

Employment Equality Act, 1977

1977, No. 16

Employment Equality Act, 1998

1998, No. 21

Housing Acts, 1966 to 1998

Housing (Miscellaneous Provisions) Act, 1992

1992, No. 18

Licensing Acts, 1833 to 1999

Local Authorities (Higher Education Grants) Acts, 1968 to 1992

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict., c.9

Refugee Act, 1996

1996, No. 17

Registration of Clubs Acts, 1904 to 1999

Road Transport Act, 1932

1932, No. 2

Road Transport Act, 1933

1933, No. 8

Roads Act, 1993

1993, No. 14

Transport Act, 1958

1958, No. 19

Worker Protection (Regular Part-Time Employees) Act, 1991

1991, No. 5


Number 8 of 2000


EQUAL STATUS ACT 2000

REVISED

Updated to 3 October 2018


AN ACT TO PROMOTE EQUALITY AND PROHIBIT TYPES OF DISCRIMINATION, HARASSMENT AND RELATED BEHAVIOUR IN CONNECTION WITH THE PROVISION OF SERVICES, PROPERTY AND OTHER OPPORTUNITIES TO WHICH THE PUBLIC GENERALLY OR A SECTION OF THE PUBLIC HAS ACCESS, TO PROVIDE FOR INVESTIGATING AND REMEDYING CERTAIN DISCRIMINATION AND OTHER UNLAWFUL ACTIVITIES, TO PROVIDE FOR THE ADMINISTRATION BY THE EQUALITY AUTHORITY OF VARIOUS MATTERS PERTAINING TO THIS ACT, TO AMEND THE EMPLOYMENT EQUALITY ACT, 1998, IN RELATION THERETO AND IN CERTAIN OTHER RESPECTS AND TO PROVIDE FOR RELATED MATTERS. [26 th April, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Departmental administrative and ministerial functions under Act transferred (1.04.2011) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Justice and Law Reform.

(2) References to the Department of Community, Equality and Gaeltacht Affairs contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Justice and Law Reform.

3. (1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs by or under any of the Acts mentioned in the Schedule are transferred to the Minister for Justice and Law Reform.

(2) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs in relation to—

(a) the Traveller Policy Unit which supports and co-ordinates ongoing policy development in relation to travellers in Irish society, including monitoring and supporting actions to increase the effectiveness of national policies, promoting positive communications between traveller communities, public bodies and the wider settled community and contributing to policy development at international level,

(b) the Gender Equality Division which supports and co-ordinates ongoing policy development in relation to the achievement of de facto gender equality in Ireland and co-ordinates and contributes to policy review and policy development on gender equality issues and gender related matters at international level,

(c) the co-ordination of Government policy towards the promotion and support of equal participation in society of people with disabilities,

(d) the development and implementation of policies to combat discrimination and to promote a more inclusive society,

(e) the promotion of equal opportunities, fundamental rights and greater availability of family-friendly workplace practices, and

(f) the promotion of the integration of persons (other than protection applicants) who are not, or who previously were not, Irish citizens, and their families, who are lawfully resident in the State,

are transferred to the Minister for Justice and Law Reform.

(3) References to the Minister for Community, Equality and Gaeltacht Affairs contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be read as references to the Minister for Justice and Law Reform.

...

SCHEDULE

Article 3(1)

Enactments, functions under which are transferred from the Minister for Community, Equality and Gaeltacht Affairs to the Minister for Justice and Law Reform

...

Equal Status Acts 2000 to 2008, other than sections 6(7)(a) and 14(aa)(ii) (inserted by Part 3 of the Equality Act 2004 ) of the Equal Status Act 2000 (No. 8 of 2000)

...

C2

Application of Act restricted (29.09.2003) by Intoxicating Liquor Act 2003 (31/2003), s. 19(11), S.I. No. 362 of 2003, reg. 3.

Jurisdiction of District Court in cases of prohibited conduct on licensed premises.

19.— ...

(11) (a) The Act of 2000 shall cease to apply in relation to prohibited conduct occurring on, or at the point of entry to, licensed premises on or after the commencement of this section.

(b) Claims relating to prohibited conduct so occurring before such commencement shall be dealt with as if this Act had not been passed.

C3

Application of Act potentially restricted by Employment Equality Act 1998 (21/1998), s. 82(8) as inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 36, commenced on enactment.

Redress which may be ordered.

36.— ...

(8) Where an act constitutes victimisation under both this Act and the Equal Status Act 2000, redress may be provided under only one of them.

C4

Application of Act potentially restricted by Pensions Act 1990 (25/1990), s. 81H(7) as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004.

Redress which may be ordered.

81H.— ...

(7) Where an act constitutes victimisation both under this Part and the Employment Equality Act 1998 or the Equal Status Act 2000, redress may be provided under only one of them.

Editorial Notes:

E1

Act included in definition of “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2, S.I. No. 338 of 2015, with the following effects:

• Powers of inspectors for purposes relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.

E2

Power granted to Irish Human Rights and Equality Commission to prepare draft codes of practice regarding the promotion of equality of opportunity in relation to those matters to which the Act applies (1.11.2014) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 31(1)(d), S.I. No. 449 of 2014.

E3

Obligation imposed on Irish Human Rights and Equality Commission to provide information to the public and keep under review the effectiveness of the working of the collectively cited Equal Status Acts 2000 to 2012 (1.11.2014) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 30(1)(b)(ii), S.I. No. 449 of 2014.

E4

Codes of Practice in respect of promotion of equality of opportunity in relation to matters to which Act applies provided for (1.11.2014) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 21(1)(d), S.I. No. 449 of 2014.

E5

Previous affecting provision: departmental administrative and ministerial functions under Act other than under ss. 6(7)(a) and 14(aa)(ii) transferred from Department and Minister of Justice, Equality and Law Reform to Department and Minister for Community, Rural and Gaeltacht Affairs (1.06.2010) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010); superseded as per C-note above.