Harassment
Number 8 of 2000
EQUAL STATUS ACT 2000
REVISED
Updated to 1 January 2016
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 International Protection Act 2015 (66/2015), enacted 30 December 2015, and all statutory instruments up to and including Credit Union Act 1997 (Regulatory Requirements) Regulations 2016 (S.I. No. 1 of 2016), made 1 January 2016, 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 1 January 2016
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 2015 : This Act is one of a group of Acts included in this collective citation ( Equality (Miscellaneous Provisions) Act 2015, s. 16(4)). 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
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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1999, 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
• 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 International Protection Act 2015 (66/2015), enacted 30 December 2015, 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 Credit Union Act 1997 (Regulatory Requirements) Regulations 2016 (S.I. No. 1 of 2016), made 1 January 2016, were considered in the preparation of this revision.
Interpretation.
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; ]
F3 [ … ]
“disability” means—
( 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 2004 1 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 ; ]
F6 [ … ]
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;
F7 [ ‘ proceedings ’ means —
( 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. ]
Annotations:
Amendments:
F1
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).
F2
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.
F3
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).
F4
Substituted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 12, S.I. No. 610 of 2015.
F5
Inserted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 76(a), S.I. No. 274 of 2008.
F6
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.
F7
Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 47(a)(i), commenced on enactment.
F8
Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 47(a)(ii) and (b), commenced on enactment.
Modifications (not altering text):
C5
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
44.— …
(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.
…
1 OJ L373, 21.12.2004, p. 37
Discrimination (general).
3.— F9 [ (1) For the purposes of this Act discrimination shall be taken to occur —
( a ) where a person is treated less favourably than another person is, has been or would be treated in a comparable situation F10 [ on any of the grounds specified in subsection (2) or, if appropriate, subsection (3B) , ] (in this Act referred to as the ‘ discriminatory grounds ’ ) which —
(i) exists,
(ii) existed but no longer exists,
(iii) may exist in the future, or
(iv) is imputed to the person concerned,
( b ) where a person who is associated with another person —
(i) is treated, by virtue of that association, less favourably than a person who is not so associated is, has been or would be treated in a comparable situation, and
(ii) similar treatment of that other person on any of the discriminatory grounds would, by virtue of paragraph ( a ), constitute discrimination,
or
( c ) where an apparently neutral provision F10 [ would put a person ] referred to in any paragraph of section 3(2) at a particular disadvantage compared with other persons, unless the provision is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. ]
(2) As between any two persons, the discriminatory grounds (and the descriptions of those grounds for the purposes of this Act) are:
( a) that one is male and the other is female (the “gender ground”),
( b) that they are of different F11 [ civil status ] (the “ F11 [ civil status ] ground”),
( c) that one has family status and the other does not or that one has a different family status from the other (the “family status ground”),
( d) that they are of different sexual orientation (the “sexual orientation ground”),
( e) that one has a different religious belief from the other, or that one has a religious belief and the other has not (the “religion ground”),
( f) subject to subsection (3), that they are of different ages (the “age ground”),
( g) that one is a person with a disability and the other either is not or is a person with a different disability (the “disability ground”),
( h) that they are of different race, colour, nationality or ethnic or national origins (the “ground of race”),
( i) that one is a member of the Traveller community and the other is not (the “Traveller community ground”),
( j) that one—
(i) has in good faith applied for any determination or redress provided for in Part II or III,
(ii) has attended as a witness before the Authority, the F12 [ adjudication officer ] or a court in connection with any inquiry or proceedings under this Act,
(iii) has given evidence in any criminal proceedings under this Act,
(iv) has opposed by lawful means an act which is unlawful under this Act, or
(v) has given notice of an intention to take any of the actions specified in subparagraphs (i) to (iv),
and the other has not (the “victimisation ground”).
F9 [ (3) (a) Treating a person who has not attained the age of 18 years less favourably or more favourably than another, whatever that person ’ s age shall not be regarded as discrimination on the age ground.
(b) Paragraph (a) does not apply in relation to the provision of motor vehicle insurance to licensed drivers under that age.
(3A) In any proceedings statistics are admissible for the purpose of determining whether discrimination has occurred by virtue of subsection (1)(c) . ]
F13 [ (3B) For the purposes of section 6(1)(c) , the discriminatory grounds shall (in addition to the grounds specified in subsection (2) ) include the ground that as between any two persons, that one is in receipt of rent supplement (within the meaning of section 6(8) ), housing assistance (construed in accordance with Part 4 of the Housing (Miscellaneous Provisions) Act 2014 ) or any payment under the Social Welfare Acts and the other is not (the “ housing assistance ground ” ). ]
(4) The Minister shall, not later than two years after the commencement of this section, review the operation of this Act to assess whether there is a need to add to the discriminatory grounds specified in subsection (2).
Annotations:
Amendments:
F9
Substituted and inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 48(a) and (b), commenced on enactment.
F10
Substituted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 13(a)(i) and (ii), S.I. No. 610 of 2015.
F11
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 103(3), S.I. No. 648 of 2010.
F12
Substituted (1.10.2015) by Workplace Relations Act 2015 (16/2015), s. 84(1)(c), S.I. No. 410 of 2015, subject to transitional provision in subs. (2).
F13
Inserted (1.01.2016) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 13(b), S.I. 610 of 2015.
Discrimination And Related Activities
Disposal of goods and provision of services.
5.—(1) A person shall not discriminate in disposing of goods to the public generally or a section of the public or in providing a service, whether the disposal or provision is for consideration or otherwise and whether the service provided can be availed of only by a section of the public.
(2) F14 [ Subject to subsections (4) and (4A) , subsection (1) shall not apply in respect of — ]
( a) an activity referred to in section 7(2) ,
( b) a service related to a matter provided for under section 6 , or a service offered to its members by a club in respect of which section 8 applies,
( c) differences in the treatment of persons on the gender ground in relation to services of an aesthetic, cosmetic or similar nature, where the services require physical contact between the service provider and the recipient,
( d) differences in the treatment of persons in relation to annuities, pensions, insurance policies or any other matters related to the assessment of risk F15 [ (other than on the gender ground or in any other circumstances to which the Gender Goods and Services Directive is relevant) ] where the treatment—
(i) is effected by reference to—
(I) actuarial or statistical data obtained from a source on which it is reasonable to rely, or
(II) other relevant underwriting or commercial factors,
and
(ii) is reasonable having regard to the data or other relevant factors,
F15 [ F14 [ ( da ) differences in the treatment of persons on the gender ground, or in any other circumstances to which the Gender Goods and Services Directive is relevant, related to the assessment of risk in respect of classes of insurance to which this paragraph applies pursuant to subsection (3) where the treatment —
(i) is effected by reference to —
(I) actuarial or statistical data obtained from a source on which it is reasonable to rely, or
(II) other relevant underwriting or commercial factors,
and
(ii) is reasonable having regard to the data or other relevant factors, and
(iii) is effected, in the case of a class of insurance specified in paragraph (a) or (b) of subsection (3) , pursuant to a contract which is concluded before 21 December 2012, ] ]
( e) differences in the treatment of person on the religion ground in relation to goods or services provided for a religious purpose,
( f) differences in the treatment of persons on the gender, age or disability ground or on the basis of nationality or national origin in relation to the provision or organisation of a sporting facility or sporting event to the extent that the differences are reasonably necessary having regard to the nature of the facility or event and are relevant to the purpose of the facility or event,
( g) differences in the treatment of persons on the gender ground where embarrassment or infringement of privacy can reasonably be expected to result from the presence of a person of another gender,
( h) differences in the treatment of persons in a category of persons in respect of services that are provided for the principal purpose of promoting, for a bona fide purpose and in a bona fide manner, the special interests of persons in that category to the extent that the differences in treatment are reasonably necessary to promote those special interests,
( i) differences in the treatment of persons on the gender, age or disability ground or on the ground of race, reasonably required for reasons of authenticity, aesthetics, tradition or custom in connection with a dramatic performance or other entertainment,
( j) an age requirement for a person to be an adoptive or foster parent, where the requirement is reasonable having regard to the needs of the child or children concerned,
( k) a disposal of goods by will or gift, or
( l) differences, not otherwise specifically provided for in this section, in the treatment of persons in respect of the disposal of goods, or the provision of a service, which can reasonably be regarded as goods or a service suitable only to the needs of certain persons.
F15 [ (3) The classes of insurance to which paragraph (da) of subsection (2) applies are —
( a ) those classes of insurance named ‘ Motor Insurance ’ in Part B of Annex I to the European Communities (Non-Life Insurance) Framework Regulations 1994 ( S.I. No. 359 of 1994 ),
( b ) those classes of insurance, being life assurance, specified as Class I, III or IV in Part A of Annex I to the European Communities (Life Assurance) Framework Regulations 1994 ( S.I. No. 360 of 1994 ), and
( c ) those classes of insurance which are contracts of insurance, or other insurance arrangements, which fall within paragraph (d) of the definition of ‘ health insurance contract ’ in the Health Insurance Act 1994 if, but only if, the differences in treatment referred to in paragraph (da) of subsection (2) , in so far as they relate to such contracts or arrangements, as the case may be, are permitted by the law of the place where such contracts or arrangements, as the case may be, are marketed.
(4) With effect on and after 21 December 2009, nothing in subsection (2) shall be construed to permit differences in the treatment of persons in relation to premiums and benefits payable under insurance policies based, whether in whole or in part, on costs incurred by insurers in relation to pregnancy and maternity.
F16 [ (4A) ( a ) With effect on and after 21 December 2012, nothing in subsection (2) shall be construed to permit differences in the treatment of persons on the gender ground, or in any other circumstances to which the Gender Goods and Services Directive is relevant, related to the assessment of risk in respect of contracts of insurance of the classes of insurance specified in paragraph (a) or (b) of subsection (3) where such contracts are concluded on or after that date.
( b ) For the avoidance of doubt, nothing in paragraph (a) shall be construed as applying to a contract of a class of insurance specified in subsection (3)(a) where the contract concerned is concluded before 21 December 2012 and expires before 21 December 2013, irrespective of whether any adjustment to the insurance cover provided under that contract or any related adjustment to premium is made to the contract concerned during its term and, accordingly, subsection (2)(da) shall continue to apply to that contract during its term. ]
(5) Subject to section 41(2A) , the Central Bank and Financial Services Authority of Ireland (within the meaning of the Central Bank Act 1942 as amended by the Central Bank and Financial Services Authority of Ireland Act 2003 ) shall compile, publish and maintain data relevant to the use of gender as a determining actuarial factor in the assessment of risk in relation to the classes of insurance to which paragraph (da) of subsection (2) applies pursuant to subsection (3) . ]
F16 [ (6) The obligations imposed on the Central Bank of Ireland (within the meaning of the Central Bank Act 1942 (as amended by the Central Bank Reform Act 2010 )) by virtue of subsection (5) , in so far as those obligations relate to the compilation of data referred to in that subsection, shall cease to have effect on and after 21 December 2012.
(7) Nothing in subsection (6) shall be construed to affect the obligations imposed on the Central Bank of Ireland by virtue of subsection (5) , to continue to maintain and publish data referred to in that subsection compiled before 21 December 2012. ]
Annotations:
Amendments:
F14
Substituted (20.12.2012) by Equal Status (Amendment) Act 2012 (41/2012), s. 2(a), commenced on enactment.
F15
Inserted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 76(b)(i)(II), (III) and (ii), S.I. No. 274 of 2008.
F16
Inserted (20.12.2012) by Equal Status (Amendment) Act 2012 (41/2012), s. 2(b), (c), commenced on enactment.
Editorial Notes:
E6
Previous affecting provision: subs. (2) amended (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 76(b)(i)(I), S.I. No. 274 of 2008; substituted as per F-note above.
…..
Sexual and other harassment.
11.—(1) A person shall not sexually harass or harass (within the meaning of subsection (4) or (5)) another person (“the victim”) where the victim—
( a) avails or seeks to avail himself or herself of any service provided by the person or purchases or seeks to purchase any goods being disposed of by the person,
( b) is the proposed or actual recipient from the person of any premises or of any accommodation or services or amenities related to accommodation, or
( c) is a student at, has applied for admission to or avails or seeks to avail himself or herself of any service offered by, any educational establishment (within the meaning of section 7 ) at which the person is in a position of authority.
(2) A person (“the responsible person”) who is responsible for the operation of any place that is an educational establishment or at which goods, services or accommodation facilities are offered to the public shall not permit another person who has a right to be present in or to avail himself or herself of any facilities, goods or services provided at that place, to suffer sexual harassment or harassment at that place.
(3) It shall be a defence for the responsible person to prove that he or she took such steps as are reasonably practicable to prevent the sexual harassment or harassment, as the case may be, of the other person referred to in subsection (2) or of a category of persons of which that other person is a member.
F27 [ (4) A person ’ s rejection of, or submission to, sexual or other harassment may not be used by any other person as a basis for a decision affecting that person.
(5) ( a ) In this section —
(i) references to harassment are to any form of unwanted conduct related to any of the discriminatory grounds, and
(ii) references to sexual harassment are to any form of unwanted verbal, non-verbal or physical conduct of a sexual nature,
being conduct which in either case has the purpose or effect of violating a person ’ s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.
( b ) Without prejudice to the generality of paragraph (a) , such unwanted conduct may consist of acts, requests, spoken words, gestures or the production, display or circulation of written words, pictures or other material. ]
Annotations:
Amendments:
F27
Substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 51, commenced on enactment.