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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]