Equality laws in Ireland

Equality and discrimination are two sides of the same coin

Ireland’s equality laws protect individuals from certain kinds of discrimination, harassment and sexual harassment. They aim to promote:

• Equal work opportunities, for example when applying for work, while in a job, going for a promotion or getting equal pay.
• Equal treatment when accessing goods, services, facilities and accommodation, for example when using public services, looking for housing, getting the bus, going to school or college, or going to the pub.

The Employment Equality Acts and Equal Status Acts prohibit discrimination on specific grounds. Generally, discrimination occurs where one person is treated less favourably than another person in a comparable situation, because they differ under any of the following grounds: Age, Civil Status, Disability, Family Status, Gender, Housing Assistance Payment, Membership of the Traveller Community, Race, Religion, Sexual Orientation.

Claiming your rights is important

A key part of equality law is about ensuring individuals can claim their rights and receive compensation if they have been discriminated against. In Ireland, the Workplace Relations Commission (WRC) is the body responsible for deciding on discrimination claims brought by individuals in relation to both employment and access to services/goods.

There is no charge to bring a case at the WRC, but there are time limits (see below).

Gender claims have the option of going to the Circuit Court.

It is important to note that the law does not cover all differences of treatment, either at work or in everyday life, that you might experience. This means that the WRC may not be able to make a legal finding of discrimination in your case, if you have been treated less favourably for a reason other than one of the protected grounds.

However, there may be other ways for you to claim your rights. We encourage you to contact us or another organisation to explore your options.

Learn more about Ireland’s equality laws

What is equality in services and goods?

The Equal Status Acts 2000–2018 (the ‘Acts’) aim to protect individuals from certain kinds of discrimination, harassment and sexual harassment that can happen in everyday living in Ireland.

• promote equality;
• prohibit certain kinds of discrimination (with some exemptions) across a number of specified grounds;
• prohibit sexual harassment and harassment across a number of specified grounds;
• prohibit victimisation (being penalised for making a complaint);
• require reasonable accommodation of people with disabilities;
• allow a broad range of positive action measures.

The Acts apply to people who:

• buy and sell a wide variety of goods;
• use or provide a wide range of services;
• obtain or dispose of accommodation;
• attend at, or are in charge of, educational establishments.

The Acts also implement the following two EU Directives:

• the Race Directive (Council Directive 2000/43/EC pf 29 June 2000 implementing equal treatment between persons irrespective of racial or ethnic origin.)
• the Gender Goods and Services Directive (Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between women and men in the access to and supply of goods and services.)

There are separate provisions on discriminatory clubs and licensed premises. The main relevant provisions are contained in the Intoxicating Liquor Act 2003, as amended.

For more detailed information about the Acts you can get copies of the full legislation at www.irishstatutebook.ie.

What is equality at work?

The Employment Equality Acts 1998–2015 aim to protect individuals from certain kinds of discrimination, harassment and sexual harassment that can happen in the workplace.

• promote equality;
• prohibit discrimination (with some exemptions) across nine grounds;
• prohibit sexual harassment and harassment across nine grounds;
• prohibit victimisation (being penalised for making a complaint);
• require reasonable accommodation for people with disabilities in relation to access, participation and training in employment;
• allow positive action measures to ensure full equality in practice across nine grounds.

The Acts also implement the following EU Directives:

• The Framework Directive
• the Gender Recast Directive
• and the Race Directive

Aspects of employment that are covered include:

• job advertising;
• equal pay;
• access to employment;
• vocational training and work experience;
• terms and conditions of employment;
• promotion or re-grading;
• classification of posts;
• dismissal;
• collective agreements.

The Acts apply to:

• full-time, part-time and temporary employees;
• public and private sector employees;
• vocational training bodies;
• recruitment and employment agencies;
• trade unions, professional and trade bodies.

The Acts also extend to:

• self-employed contractors;
• partners in partnerships;
• state and local authority office-holders.

The Acts do not extend to volunteers.

For more detailed information about the Acts you can get copies of the full legislation at www.irishstatutebook.ie

What are the equality discrimination protected grounds?

Generally, discrimination occurs where one person is treated less favourably than another person in a comparable situation, because they differ under any of the following grounds:

• Age
• Civil Status
• Disability (including physical, intellectual, learning, cognitive, emotional or medical conditions)
• Family Status
• Gender
• Housing Assistance Payment
• Membership of the Traveller Community
• Race (colour, nationality or ethnic or national origins)
• Religion
• Sexual Orientation

Are there different types of discrimination?

Direct discrimination

This is defined as the treatment of a person in a less favourable way than another person who is in a comparable situation, because they have a particular characteristic protected by any of the nine grounds (described above) which:

• exists;
• existed but no longer exists;
• may exist in the future; or
• is imputed to the person concerned (this occurs where a person is labelled as having a particular
• characteristic protected under the specified grounds even though they do not have said characteristics).

Discrimination by association

This occurs when a person who associates with another person is treated less favourably because that other person has a particular characteristic that is covered by any of the nine grounds.

Indirect discrimination

This happens where an apparently neutral provision, criterion or practice which appears unproblematic at first sight, puts a person having a particular characteristic that is covered by any of the specified grounds at a particular disadvantage, compared with another person.

This provision, criterion or practice will not amount to discrimination where the employer or service provider can show:

1. the provision, criterion or practice is objectively justified by a legitimate aim; and
2. that the means of achieving that aim are appropriate; and
3. that the means of achieving that aim are necessary.

Instructing discrimination (Employment Equality Acts)

This occurs when someone gives an order or instructs another person who is in some way dependent, such as an employee, to discriminate against another person.

Procuring discrimination (Equal Status Acts)

It is an offence under the Acts to procure or attempt to procure another person to engage in discrimination, harassment or sexual harassment.

What positive actions can employers take?

Positive action

In addition to prohibiting discrimination, Irish equality law also aims to ensure full equality in practice through positive actions (i.e. more favourable treatment to persons who have a characteristic protected under any of the grounds).

Service providers can take positive measures (or preferential treatment) which are legitimately intended to:

• promote equality of opportunity for disadvantaged persons;
• cater for the special needs of persons, or a category of persons who because of their circumstances, may require facilities, arrangements, services or assistance.

In addition, the Acts allow for the imposition of a reasonable preferential fee, charge or rate in respect of anything offered or provided in respect of families, married couples, older or younger persons, or persons with a disability.

Employers can adopt and maintain specific policies and practices to prevent or compensate for disadvantages linked to persons who have a characteristic protected under any of the grounds.

This might include, for example, providing flexible working hours, e-working, or offering work internships and/or training programmes, or other work benefits that attach to any of the nine grounds.

What are the time limits for making a claim?

The Workplace Relations Act 2015 provides that a complaint or dispute must be referred within six months of the alleged contravention of the legislation. The time limit for equal pay claims is six years.

The date on which a complaint or dispute is referred is the date it is received by the WRC.

Are employers responsible for action of their employees?

Employers are liable for discriminatory acts of an employee in the course of his or her employment. This is known as vicarious liability.

It is not a defence if the act was done without the employer’s knowledge or approval unless they can prove that they took reasonably practicable steps to prevent the conduct.

It is a defence if an employer can show that reasonable practicable steps were taken to prevent the employee from doing the act, or acts of that description.

Anything done by a person as agent for another person, with the authority (whether express or implied) of that other person shall be treated as if it was done by that other person.

Are there exemptions to equality law?

The prohibition on discrimination under the Equal Status Acts and Employment Equality Acts is subject to a number of general and grounds-based exemptions.

Please refer to the situation + reason (ground) from the main Your Rights page for information about the most common exemptions (these pages do not provide an exhaustive list of exemptions provided for under the Acts).

Are harassment and sexual harassment covered?

Harassment and sexual harassment at work

Sexual harassment and harassment of an employee (including agency workers or trainees) is prohibited in the
workplace or in the course of employment by:

• another employee;
• the employer;
• clients, customers or other business contacts of an employer. These include any other person with
  whom the employer might reasonably expect the victim to come into contact and the circumstances
  of the harassment as such that the employer ought reasonably to have taken steps to control it.

The Acts prohibit the victim from being treated differently by reason of rejecting or accepting the harassment (or where it could reasonably be anticipated that he or she would be so treated).

What is harassment and sexual harassment?

Harassment is any form of unwanted verbal, nonverbal or physical conduct related to any of the nine grounds.

Sexual harassment is any form of unwanted verbal, nonverbal or physical conduct of a sexual nature.

In both cases, it is conduct which has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.

In both cases, the unwanted conduct may include acts, requests, spoken words, gestures or the production, display or circulation of written words, emails and text messages, pictures or other material.

Sexual harassment or harassment of an employee by another employee, employer, client, customer or other
business contact, is discrimination by the employer.

It is a defence for an employer to prove that the employer took reasonably practicable steps to prevent the person harassing or sexually harassing the victim.

Harassment and sexual harassment in the provision of services and goods

Sexual harassment and harassment in the provision of goods and services is prohibited. A person (‘the harasser’) shall not harass or sexually harass another person (‘the victim’) who seeks to use goods or services provided by the harasser.

What is harassment and sexual harassment?

Harassment is any form of unwanted conduct related to any of the specified grounds. Sexual harassment is any form of unwanted verbal, nonverbal or physical conduct of a sexual nature.

In both cases, it is conduct which has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.

In both cases, the unwanted conduct may include acts, requests, spoken words, gestures or the production, display or circulation of written words, emails and social media, text messages, pictures, or other material.

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.

Who is a responsible person?

A person who is responsible for the operation of any place where goods, facilities or services are offered to the public is defined as a ‘responsible person’.

The ‘responsible person’ must ensure that any person who has a right to be there, is not sexually harassed or harassed. It shall be a defence for the responsible person to prove that he or she took steps as are ‘reasonably practicable’ to prevent the sexual harassment or harassment for occurring.

What if I face retaliation for making a complaint?

Victimisation

It is unlawful for an employer to penalise an employee for making a complaint under either the Employment Equality Acts 1998–2015 or the Equal Status Acts 2000–2018.

Victimisation occurs where the dismissal or other adverse treatment of an employee is a reaction by the employer to:

1. a complaint of discrimination made by the employee to the employer;
2. any proceedings by a complainant;
3. an employee having represented or otherwise supported a complainant;
4. the work of an employee having been compared with that of another employee, for any of the purposes of these Acts, or any enactment repealed by these Acts;
5. an employee having been witness in any proceedings under these Acts or any such repealed enactment;
6. an employee having opposed by lawful means an act which is unlawful under these Acts or any such
   repealed enactment; or
7. an employee having given notice or an intention to take any of the actions mentioned in the paragraphs 1 to 7 above.

What does IHREC do to promote equality?

The Irish Human Rights and Equality Commission was established on 1 November 2014 as the independent statutory body to protect and promote human rights and equality in Ireland.

We have a specific role to work to combat discrimination and promote equal opportunities in the areas covered by the Employment Equality Acts 1998-2015 and the Equal Status Acts 2000-2018.

We also have a role to provide information on the Acts.

What is equality in the public sector?

All public bodies in Ireland have responsibility to promote equality, prevent discrimination and protect the human rights of their employees, customers, service users and everyone affected by their policies and plans.

This is a legal obligation, called the Public Sector Equality and Human Rights Duty, and it originated in Section 42 of the Irish Human Rights and Equality Act 2014.

We, the Irish Human Rights and Equality Commission, have s special role under this law to give guidance to and encourage public bodies in developing policies of, and exercising, good practice and operational standards in relation to, human rights and equality.

Where the Commission considers that there is evidence of a failure by a public body to perform its functions, the Commission may invite the public body to carry out a review in relation to the performance by that body of its functions and /or prepare and implement an action plan.