Equal Status Acts 2000-2004

The Equal Status Act, 2000-2004 gives protection against discrimination in non-employment areas including education, provision of goods, services and accommodation and disposal of property. It prohibits discrimination on nine grounds, including disability. Services are defined broadly to include access to public places, banking and insurance services, entertainment, facilities for refreshment and transport. The definitions of discrimination and disability are similar to those in the Employment Equality Act, 1998-2004.

In addressing discrimination in relation to disability, the Equal Status Act makes particular reference to 'Reasonable Accommodation' and states that persons with disabilities have special needs as regards anti-discrimination measures. A person selling goods or providing services, providers of accommodation and educational institutions must do all that is reasonable to accommodate the needs of a person with a disability by providing special treatment or facilities in circumstances where without these, it would be impossible or difficult to avail of the goods, services, accommodation etc.

However, service providers are not obliged to provide special facilities or treatment when the cost involved is greater than a nominal cost. The definition of a nominal cost depends on the circumstances of each case. For example, failure of a small business enterprise to render a premises wheelchair accessible through the installation of ramps/lifts, may be deemed to be acceptable whereas similar resistance on the part of a major multinational employer may be viewed as a valid nominal cost which should be borne by the employer.

More information on equality legislation is available from www.citizensinformation.ie, Irish Statute Book, and the Equality Authority

Discrimination Making a Complaint
The Equality Tribunal
The Equality Tribunal, formerly known as the Office of the Director of Equality Investigations, is an independent statutory body whose principal role is the investigation and mediation of complaints of discrimination in relation to employment and in relation to access to goods and services, disposal of property and certain aspects of education. Anyone who feels that they have been discriminated against under the Employment Equality Act, the Equal Status Act, or the Pensions Acts 1990-2004, may lodge a complaint with The Equality Tribunal within 6 months of the occurrence of the act of discrimination.

There are two ways in which complaints can be addressed, through investigation and decision, or through mediation. An investigation is a quasi-judicial process carried out by a Tribunal Equality Officer who will consider submissions from both parties before arranging a joint hearing or hearings of the case to enable him/her to reach a Decision in the matter. Mediation is an alternative method of resolving complaints, seeking to arrive at a solution through an agreement between the parties, rather than through an investigation and Decision.