Equal status act, 2000

• Enactment Date: 26 April 2000
• Act Number: 8

Number 8 of 2000
EQUAL STATUS ACT, 2000
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. 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. 22. Dismissal of claims. 23. References of certain matters to Director. 24. Mediation. 25. Investigation by Director. 26. Inferences from failure to supply information, etc. 27. Redress which may be ordered. 28. Appeal against decision of Director. 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, etc. 38. Dismissal of cases not pursued.
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
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:
PART I Preliminary
	Short title.	1.— This Act may be cited as the Equal Status Act, 2000.
	Interpretation.	2.—(1) In this Act, unless the context otherwise requires—
	“Authority” means the Equality Authority;
	“Director” means the Director of Equality Investigations appointed under section 75 (1) of the Employment Equality Act, 1998 ;
	“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);
	“discriminatory grounds” has the meaning given by section 3 (2);
	“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;
	“goods” means any articles of movable property;
	“marital status” means being single, married, separated, divorced or widowed;
	“the Minister” means the Minister for Justice, Equality and Law Reform;
	“near relative” means a spouse, 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;
	“proceedings”, when used without qualification, includes any referral, mediation or investigation under Part III but does not include criminal proceedings 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;
	“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.
	Discrimination (general).	3.—(1) For the purposes of this Act, discrimination shall be taken to occur where—
	(a) on any of the grounds specified in subsection (2) (in this Act referred to as “the discriminatory grounds”) which exists at present or previously existed but no longer exists or may exist in the future, or which is imputed to the person concerned, a person is treated less favourably than another person is, has been or would be treated,
	(b) (i) a person who is associated with another person is treated, by virtue of that association, less favourably than a person who is not so associated is, has been or would be treated, and
	(ii) similar treatment of that person on any of the discriminatory grounds would, by virtue of paragraph (a), constitute discrimination,
	or
	(c) (i) a person is in a category of persons who share a common characteristic by reason of which discrimination may, by virtue of paragraph (a), occur in respect of those persons,
	(ii) the person is obliged by the provider of a service (within the meaning of section 4 (6)) to comply with a condition (whether in the nature of a requirement, practice or...