Equal Status Act 2000

Number 8 of 2000

EQUAL STATUS ACT 2000

REVISED

Updated to 29 July 2021

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 the Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), enacted 23 July 2021, and all statutory instruments up to and including the Workplace Relations (Miscellaneous Provisions) Act 2021 (Commencement) Order 2021 (S.I. No. 397 of 2021), made 28 July 2021, 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 29 July 2021

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 29 July 2021

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. [26th April, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

Note change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020), in effect as per art. 1(2).

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 Children and Youth Affairs.

(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3. (1) The functions vested in the Minister for Justice and Equality -

(a) by or under the enactments specified in Schedule 1, and

...

are transferred to the Minister for Children and Youth Affairs.

...

(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs

...

Equal Status Acts 2000 to 2018, other than section 14(1)(aa)(ii) (inserted by Part 3 of the Equality Act 2004 (No. 24 of 2004)) of the Equal Status Act 2000 (No. 8 of 2000)

...

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.

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.

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:

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.

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.

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.

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.

Previous affecting provision: departmental administrative and ministerial functions under Act other than under ss. 6(7)(a) and 14(aa)(ii) transferred from Department of and Minister for Community, Equality and Gaeltacht Affairs to Department of and Minister for Justice and Law Reform (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); superseded as per C-note above.

Previous affecting provision: departmental administrative and ministerial functions under Act other than under ss. 6(7)(a) and 14(aa)(ii) transferred from Department of and Minister for 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 E-note above.

Revised Acts

Latest News and Publications

Equal Status Act 2000