Equal Status Act 2000
2.—(1) In this Act, unless the context otherwise requires—
F1[‘Act of 2015’ means the Workplace Relations Act 2015;
‘adjudication officer’ has the same meaning as it has in the Act of 2015;]
“Authority” means the Equality Authority;
F2[‘civil status’ means being single, married, separated, divorced, widowed, in a civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or being a former civil partner in a civil partnership that has ended by death or been dissolved;]
(a) the total or partial absence of a person’s bodily or mental functions, including the absence of a part of a person’s body,
(b) the presence in the body of organisms causing, or likely to cause, chronic disease or illness,
(c) the malfunction, malformation or disfigurement of a part of a person’s body,
(d) a condition or malfunction which results in a person learning differently from a person without the condition or malfunction, or
(e) a condition, disease or illness which affects a person’s thought processes, perception of reality, emotions or judgement or which results in disturbed behaviour;
“discriminate” means to discriminate within the meaning of section 3(1) or 4(1);
F4[‘discriminatory grounds’ has the meaning given by subsections (2) and (3B) of section 3;]
“family status” means being pregnant or having responsibility—
(a) as a parent or as a person in loco parentis in relation to a person who has not attained the age of 18 years, or
(b) as a parent or the resident primary carer in relation to a person of or over that age with a disability which is of such a nature as to give rise to the need for care or support on a continuing, regular or frequent basis,
and, for the purposes of paragraph (b), a primary carer is a resident primary carer in relation to a person with a disability if the primary carer resides with the person with the disability;
F5[‘Gender Goods and Services Directive’ means Council Directive 2004/113/EC of 13 December 20041 implementing the principle of equal treatment between men and women in the access to and supply of goods and services]
“goods” means any articles of movable property;
F1[‘Labour Court’ means the body established by the Industrial Relations Act 1946;]
F1[‘mediation officer’ has the same meaning as it has in the Act of 2015;]
“the Minister” means the Minister for Justice, Equality and Law Reform;
“near relative” means a spouse F2[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], lineal descendant, ancestor, brother or sister;
“person”, as that term is used in or in relation to any provision of this Act that prohibits that person from discriminating or from committing any other act or that requires a person to comply with a provision of this Act or regulations made under it, includes an organisation, public body or other entity;
“premises” includes any immovable property;
(a) proceedings before the person, body or court dealing with a request or reference under this Act by or on behalf of a person, and
(b) any subsequent proceedings, including proceedings on appeal, arising from the request or reference,
but does not include proceedings for an offence under this Act;]
“prohibited conduct” means discrimination against, or sexual harassment or harassment of, or permitting the sexual harassment or harassment of, a person in contravention of this Act;
F8[‘provision’ means a term in a contract or a requirement, criterion, practice, regime, policy or condition affecting a person;]
“refusal” includes a deliberate omission;
“religious belief” includes religious background or outlook;
“service” means a service or facility of any nature which is available to the public generally or a section of the public, and without prejudice to the generality of the foregoing, includes—
(a) access to and the use of any place,
(b) facilities for—
(i) banking, insurance, grants, loans, credit or financing,
(ii) entertainment, recreation or refreshment,
(iii) cultural activities, or
(iv) transport or travel,
(c) a service or facility provided by a club (whether or not it is a club holding a certificate of registration under the Registration of Clubs Acts, 1904 to 1999) which is available to the public generally or a section of the public, whether on payment or without payment, and
(d) a professional or trade service,
but does not include pension rights (within the meaning of the Employment Equality Act, 1998) or a service or facility in relation to which that Act applies;
“sexual orientation” means heterosexual, homosexual or bisexual orientation;
“Traveller community” means the community of people who are commonly called Travellers and who are identified (both by themselves and others) as people with a shared history, culture and traditions including, historically, a nomadic way of life on the island of Ireland.
(2) In this Act, unless the contrary intention appears—
(a) a reference to a section or Part is to a section or Part of this Act,
(b) a reference to a subsection, paragraph or other subdivision is to the subsection, paragraph or subdivision of the provision in which the reference occurs, and
(c) a reference to an enactment is to that enactment as amended by or under any other enactment, including this Act.
F8[(3) In any proceedings a respondent is presumed, unless the contrary is shown, to fail to do something when—
(a) the respondent does an act inconsistent with doing it, or
(b) the period expires during which the respondent might reasonably have been expected to do it.]
Inserted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(a)(i), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 103(2)(a) and (c), S.I. No. 648 of 2010.
Deleted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(a)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
Substituted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 12, S.I. No. 610 of 2015.
Inserted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 76(a), S.I. No. 274 of 2008.
Deleted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 103(2)(b), S.I. No. 648 of 2010.
Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 47(a)(i), commenced on enactment.
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 47(a)(ii) and (b), commenced on enactment.
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.
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)
References to “Equality Authority” construed (1.11.2014) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 44(2), S.I. No. 449 of 2014.
Transfer of functions to Commission
(2) References in any enactment or instrument under an enactment to the Human Rights Commission or the Equality Authority, as the case may be (howsoever described) shall be construed as references to the Commission save where other provision is made as respects the construction of the first-mentioned references by any enactment passed before the passing of this Act.