Equal Status Act, 2000

Equal Status Act, 2000 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2000 Equal Status Act, 2000 Equal Status Act, 2000 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán 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 otherwise) but is unable to do so, (iii) substantially more people outside the category than within it are able to comply with the condition, and (iv) the obligation to comply with the condition cannot be justified as being reasonable in all the circumstances of the case. (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 marital status (the “marital 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 Director 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”). (3) Treating a person who has not attained the age of 18 years less favourably or more favourably than another, whatever that other person's age, shall not be regarded as discrimination on the age 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). Discrimination on ground of disability. 4.—(1) For the purposes of this Act discrimination includes a refusal or failure by the provider of a service to do all that is reasonable to accommodate the needs of a person with a disability by providing special treatment or facilities, if without such special treatment or facilities it would be impossible or unduly difficult for the person to avail himself or herself of the service. (2) A refusal or failure to provide the special treatment or facilities to which subsection (1) refers shall not be deemed reasonable unless such provision would give rise to a cost, other than a nominal cost, to the provider of the service in question. (3) A refusal or failure to provide the special treatment or facilities to which subsection (1) refers does not constitute discrimination if, by virtue of another provision of this Act, a refusal or failure to provide the service in question to that person would not constitute discrimination. (4) Where a person has a disability that, in the circumstances, could cause harm to the person or to others, treating the person differently to the extent reasonably necessary to prevent such harm does not constitute discrimination. (5) This section is without prejudice to the provisions of sections 7 (2)(a), 9 (a) and 15 (2)(g) of the Education Act, 1998 , in so far as they relate to functions of the Minister for Education and Science, recognised schools and boards of management in regard to students with a disability. (6) In this section— “provider of a service” means— (a) the person disposing of goods in respect of which section 5 (1) applies, (b) the person responsible for providing a service in respect of which section 5 (1) applies, (c) the person disposing of any estate or interest in premises in respect of which section 6 (1)(a) applies, (d) the person responsible for the provision of accommodation or any related services or amenities in respect of which section 6 (1)(c) applies, (e) an educational establishment within the meaning of subsection (1) of section 7 in relation to any of the matters referred to in subsection (2) of that section, or (f) a club within the meaning of section 8 (1) in respect of admission to membership or a service offered to its members, as the case may be, and “service” shall be construed accordingly; “providing”, in relation to the special treatment or facilities to which subsection (1) refers, includes making provision for or allowing such treatment or facilities, and cognate words shall be construed accordingly. PART II 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) Subsection (1) does 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 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, (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. Disposal of premises and provision of accommodation. 6.—(1) A person shall not discriminate in— (a) disposing of any estate or interest in premises, (b) terminating any tenancy or other interest in premises, or (c) providing accommodation or any services or amenities related to accommodation or ceasing to provide accommodation or any such services or amenities. (2) Subsection (1) does not apply in respect of— (a) the disposal of any estate or interest in premises by will or gift, (b) the disposal otherwise of such an estate or interest where— (i) the person making the disposal or another person who has an estate or interest in the premises or a person who is a near relative of either of them intends to continue to reside, or in the immediate future to take up residence, in the premises or a part thereof, and (ii) the premises in question are small premises, (c) any disposal of such an estate or interest, or any provision of accommodation or of any services or amenities relating to accommodation, which is not available to the public generally or a section of the public, (d) the provision of accommodation in premises where— (i) the person providing the accommodation or a person who is a near relative of that person intends to continue to reside, or in the immediate future to take up residence, in the premises or a part thereof, and (ii) the premises in question are small premises, or (e) the provision of accommodation to persons of one gender where embarrassment or infringement of privacy can reasonably be expected to result from the presence of a person of another gender. (3) References in subsection (2) to the disposal of an estate or interest in premises or the provision of accommodation or of any services or amenities relating to accommodation include references to the termination of any tenancy or other interest in those premises or ceasing to provide such accommodation, services or amenities. (4) Premises shall be treated for the purposes of paragraphs (b) and (d) of subsection (2) as small premises if— (a) in the case of premises comprising residential accommodation for more than one household, there is not normally accommodation in the premises for more than three households, or (b) in any other case, there is not normally residential accommodation in the premises for more than six persons in addition to a person mentioned in those paragraphs and any persons residing with that person. (5) Where any premises or accommodation are reserved for the use of persons in a particular category of persons for a religious purpose or as a refuge, nursing home, retirement home, home for persons with a disability or hostel for homeless persons or for a similar purpose, a refusal to dispose of the premises or provide the accommodation to a person who is not in that category does not, for that reason alone, constitute discrimination. (6) Nothing in subsection (1) shall be construed as prohibiting— (a) a housing authority, pursuant to its functions under the Housing Acts, 1966 to 1998, or (b) a body approved under section 6 of the Housing (Miscellaneous Provisions) Act, 1992 , from providing, in relation to housing accommodation, different treatment to persons based on family size, family status, marital status, disability, age or membership of the Traveller community. Educational establishments. 7.—(1) In this section “educational establishment” means a preschool service within the meaning of Part VII of the Child Care Act, 1991 , a primary or post-primary school, an institution providing adult, continuing or further education, or a university or any other third-level or higher-level institution, whether or not supported by public funds. (2) An educational establishment shall not discriminate in relation to— (a) the admission or the terms or conditions of admission of a person as a student to the establishment, (b) the access of a student to any course, facility or benefit provided by the establishment, (c) any other term or condition of participation in the establishment by a student, or (d) the expulsion of a student from the establishment or any other sanction against the student. (3) An educational establishment does not discriminate under subsection (2) by reason only that— (a) where the establishment is not a third-level institution and admits students of one gender only, it refuses to admit as a student a person who is not of that gender, (b) where the establishment is an institution established for the purpose of providing training to ministers of religion and admits students of only one gender or religious belief, it refuses to admit as a student a person who is not of that gender or religious belief, (c) where the establishment is a school providing primary or post-primary education to students and the objective of the school is to provide education in an environment which promotes certain religious values, it admits persons of a particular religious denomination in preference to others or it refuses to admit as a student a person who is not of that denomination and, in the case of a refusal, it is proved that the refusal is essential to maintain the ethos of the school, (d) without prejudice to section 3 of the Refugee Act, 1996 , where the establishment is an institution providing adult, continuing or further education or a university or other third-level institution— (i) it provides different treatment in relation to— (I) fees for admission or attendance by persons who are nationals of a member state of the European Union and persons who are not, or (II) the allocation of places at the establishment to those nationals and other nationals, or (ii) it offers assistance to particular categories of persons— (I) by way of sponsorships, scholarships, bursaries or other awards, being assistance which is justifiable, having regard to traditional and historical considerations, or (II) in relation to the allocation of places at the establishment, where the allocation is made pursuant to an agreement concerning the exchange of students made between the establishment and an educational institution or authority in a jurisdiction other than the State, or (e) where the establishment is a university or other third-level institution, it provides different treatment in the allocation of places at the establishment to mature students (within the meaning of the Local Authorities (Higher Education Grants) Acts, 1968 to 1992). (4) Subsection (2) does not apply— (a) in respect of differences in the treatment of students on the gender, age or disability ground in relation to the provision or organisation of sporting facilities or sporting events, to the extent that the differences are reasonably necessary having regard to the nature of the facilities or events, or (b) to the extent that compliance with any of its provisions in relation to a student with a disability would, by virtue of the disability, make impossible, or have a seriously detrimental effect on, the provision by an educational establishment of its services to other students. Discriminating clubs. 8.—(1) In this section— “certificate of registration”, in relation to a club, means the certificate of registration of the club under the Registration of Clubs Acts, 1904 to 1999; “club” means a club that has applied for or holds a certificate of registration. (2) For the purposes of this section— (a) a club shall be considered to be a discriminating club if— (i) it has any rule, policy or practice which discriminates against a member or an applicant for membership, or (ii) a person involved in its management discriminates against a member or an applicant for membership in relation to the affairs of the club, (b) without prejudice to the generality of paragraph (a), any of the following acts, if done by a club or a person involved in its management on any of the discriminatory grounds, is evidence that the club is a discriminating club: (i) refusing to admit a person to membership; (ii) providing different terms and conditions of membership for members or applicants for membership; (iii) terminating the membership of a person or subjecting a member to any other sanction; or (iv) refusing or failing, in contravention of section 4 (1), to do all that is reasonable to accommodate the needs of a member, or an applicant for membership, with a disability. (3) Any person, including the Authority (in this section referred to as “the applicant”), may, on application to the District Court (in this section referred to as “the Court”), request that the Court make a determination as to whether a club is a discriminating club. (4) An application may be dismissed by the Court if it is found to have been brought in bad faith or to be frivolous or vexatious or to relate to a trivial matter. (5) A copy of the application shall be served by the applicant, by personal service or by post, on the club and on such members, officers and employees of the club (if any) and such other persons (if any) as the Court may by order direct and the application shall be considered by the Court, providing to the applicant, the club and to any such members, officers, employees and other persons a reasonable opportunity to make representations. (6) After considering the representations, the Court shall— (a) make an order in writing setting out its determination as to whether or not the club is a discriminating club, and (b) cause a copy of the order to be transmitted to the Minister. (7) (a) Where— (i) the Court makes an order under subsection (6)(a) setting out its determination that a club is a discriminating club, and (ii) the order is the first such order in relation to the club, the Court shall include in the order a provision suspending the certificate of registration of the club for a period not exceeding 30 days. (b) Where the Court makes any subsequent such order, section 10 shall apply and have effect in relation to it. (8) (a) The applicant, the club or any other person on whom a copy of the application under subsection (3) was served may, within 42 days after the order, appeal to the Circuit Court against the order or a provision of the order suspending the certificate of registration. (b) On an appeal against the order the Circuit Court may by order— (i) in case the District Court has determined that the club is not a discriminating club, either— (I) affirm the order, or (II) allow the appeal, make a determination that theclub is a discriminating club and, if the determination is the first such determination in relation to the club, suspend the certificate of registration of the club for a period not exceeding 30 days, (ii) in any other case— (I) affirm the order, (II) where the order includes a provision suspending the certificate of registration, affirm the determination of the District Court but vary the period of suspension, or (III) allow the appeal. (c) On an appeal which is only against a provision of the order suspending the certificate of registration, the Circuit Court may by order vary the period of suspension. (d) The Circuit Court shall cause a copy of its order to be sent to the Minister. (9) A period of suspension of a certificate of registration provided for in an order under subsection (6)(a) shall commence— (a) if no appeal is made against the order or the period of suspension, on the 50th day after the order is made, or (b) if such an appeal is made and the order is affirmed, or the period of suspension is affirmed or varied, on the 50th day after the order is made on the appeal, and shall end— (i) if no appeal is made against the order or the period of suspension, on the expiration of the period of suspension provided for in the order, (ii) if such an appeal is made and the order or period of suspension is affirmed, on the expiration of the period of suspension so provided for, or (iii) if on appeal the period of suspension is varied, on the expiration of the period as so varied. (10) Where an appeal against an order under subsection (6)(a) (other than an order referred to in subsection (7)(a)) is not brought, the order shall come into effect on the 50th day after it is made. (11) An order under this section suspending the certificate of registration of a club shall, while it is in force, have effect for the purposes of the Registration of Clubs Acts, 1904 to 1999, as if no certificate under those Acts had been granted in respect of the club for the period of suspension. (12) No employee who is working in a club during any period of suspension of the club's certificate of registration shall be disadvantaged by reason of the suspension in his or her employment during that period. (13) For the purpose of subsection (12) “employee” means any person who works under a contract of employment with an employer or is a regular part-time employee as defined in section 1 of the Worker Protection (Regular Part-Time Employees) Act, 1991 . (14) The Minister shall cause particulars of an order under subsection (6)(a) and of any order made by the Circuit Court on appeal to be published or made available in such form and manner as the Minister considers appropriate in the circumstances— (a) after the expiration of 50 days from the making of the order under subsection (6)(a), or (b) if the order has been appealed against, after the appeal has been finally determined. (15) A club that is determined by the District Court under this section to be a discriminating club may at any time, on application to that Court, request that it make a determination as to whether the club continues to be a discriminating club and, where an application is made, the provisions of this section shall apply in the same manner and to the same extent as if the application were made under subsection (3), except that a copy of the application shall, unless the Court otherwise directs, be served by the club, by personal service or by post, on the person who was the original applicant, if possible, and on such other persons as the Court may by order direct. Non-discriminating clubs. 9.—(1) For the purposes of section 8 , a club shall not be considered to be a discriminating club by reason only that— (a) if its principal purpose is to cater only for the needs of— (i) persons of a particular gender, marital status, family status, sexual orientation, religious belief, age, disability, nationality or ethnic or national origin, (ii) persons who are members of the Traveller community, or (iii) persons who have no religious belief, it refuses membership to other persons, (b) it confines access to a membership benefit or privilege to members within the category of a particular gender or age, where— (i) it is not practicable for members outside the category to enjoy the benefit or privilege at the same time as members within the category, and (ii) arrangements have been made by the club which offer the same or a reasonably equivalent benefit or privilege both to members within the category and to members outside the category, (c) it has different types of membership, access to which is not based on any discriminatory ground, (d) for the purpose of reducing or eliminating the effect of any rule or practice of the club (whether adopted before or after the commencement of this section) restricting access to particular types of membership to persons of a particular gender it offers concessionary rates, fees or membership arrangements to persons who were or are disadvantaged by any such rule or practice, or (e) it provides different treatment to members in the category of a particular gender, age, disability, nationality or national origin in relation to sporting facilities or events and the different treatment is relevant to the purpose of the facilities or events and is reasonably necessary. (2) For the purposes of section 8 , a club shall not be considered to be a discriminating club by reason only that it— (a) has, for the principal purpose of promoting equality, a reserved place or places on its board or committee of management for persons who are members of a particular category, or (b) takes other measures for the principal purpose of obtaining a more equal involvement in club matters of persons who are members of a particular category. Further provision in relation to discriminating clubs. 10.—(1) Notwithstanding anything in the Registration of Clubs Acts, 1904 to 1999— (a) subject to paragraph (b), while an order under section 8 determining that a club is a discriminating club remains in effect, no certificate of registration under those Acts shall be granted to or renewed for the benefit of the club, or (b) where an order under section 8 has been made determining that a club is a discriminating club and an application under subsection (15) of that section in respect of the club is pending, the certificate of registration of the club under those Acts may be renewed in accordance with those Acts but shall cease to be in force— (i) on the expiration of one year after the date of the renewal, if no determination under section 8 has been made within that period in respect of the club, or (ii) on the date of a determination under section 8 that the club has not ceased to be a discriminating club, whichever first occurs. (2) In this section “order under section 8 ” does not include an order under that section providing for the suspension of the certificate of registration of the club concerned under the Registration of Clubs Acts, 1904 to 1999 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. (4) Sexual harassment takes place where a person— (a) subjects another person (“the victim”) to an act of physical intimacy, (b) requests sexual favours from the victim, or (c) subjects the victim to any act or conduct with sexual connotations, including spoken words, gestures or the production, display or circulation of written words, pictures or other material, where— (i) the act, request or conduct is unwelcome to the victim and could reasonably be regarded as offensive, humiliating or intimidating to him or her, or (ii) the victim is treated differently by reason of his or her rejection of or submission to, as the case may be, the act, request or conduct or it could reasonably be anticipated that the victim would be so treated. (5) Harassment takes place where a person subjects another person (“the victim”) to any unwelcome act, request or conduct, including spoken words, gestures or the production, display or circulation of written words, pictures or other material, which in respect of the victim is based on any discriminatory ground and which could reasonably be regarded as offensive, humiliating or intimidating to him or her. Prohibited advertising. 12.—(1) A person shall not publish or display or cause to be published or displayed an advertisement which indicates an intention to engage in prohibited conduct or might reasonably be understood as indicating such an intention. (2) A person who makes a statement which the person knows to be false with a view to securing a publication or display in contravention of subsection (1) shall, upon the publication or display being made, be guilty of an offence. (3) In subsection (1), “advertisement” includes every form of advertisement, whether to the public or not and whether in a newspaper or other publication, on television or radio or by display of a notice or by any other means, and references to the publishing or display of advertisements shall be construed accordingly. Procurement of Prohibited conduct. 13.—(1) A person shall not procure or attempt to procure another person to engage in prohibited conduct. (2) A person who contravenes subsection (1) shall be guilty of an offence. Certain measures or activities not prohibited. 14.— Nothing in this Act shall be construed as prohibiting— (a) the taking of any action that is required by or under— (i) any enactment or order of a court, (ii) any act done or measure adopted by the European Union, by the European Communities or institutions thereof or by bodies competent under the Treaties establishing the European Communities, or (iii) any convention or other instrument imposing an international obligation on the State, or (b) preferential treatment or the taking of positive measures which are bona fide intended to— (i) promote equality of opportunity for persons who are, in relation to other persons, disadvantaged or who have been or are likely to be unable to avail themselves of the same opportunities as those other persons, or (ii) cater for the special needs of persons, or a category of persons, who, because of their circumstances, may require facilities, arrangements, services or assistance not required by persons who do not have those special needs. Certain activities not discrimination. 15.—(1) For greater certainty, nothing in this Act prohibiting discrimination shall be construed as requiring a person to dispose of goods or premises, or to provide services or accommodation or services and amenities related to accommodation, to another person (“the customer”) in circumstances which would lead a reasonable individual having the responsibility, knowledge and experience of the person to the belief, on grounds other than discriminatory grounds, that the disposal of the goods or premises or the provision of the services or accommodation or the services and amenities related to accommodation, as the case may be, to the customer would produce a substantial risk of criminal or disorderly conduct or behaviour or damage to property at or in the vicinity of the place in which the goods or services are sought or the premises or accommodation are located. (2) Action taken in good faith by or on behalf of the holder of a licence or other authorisation which permits the sale of intoxicating liquor, for the sole purpose of ensuring compliance with the provisions of the Licensing Acts, 1833 to 1999, shall not constitute discrimination. Other non-discriminatory activities. 16.—(1) Imposing or maintaining a reasonable preferential fee, charge or rate in respect of anything offered or provided to or in respect of persons together with their children, married couples, persons in a specific age group or persons with a disability does not constitute— (a) discrimination for the purposes of section 5 or 6 , or (b) a discriminatory rule, policy or practice for the purposes of section 8 (2)(a). (2) Treating a person differently does not constitute discrimination where the person— (a) is so treated solely in the exercise of a clinical judgment in connection with the diagnosis of illness or his or her medical treatment, or (b) is incapable of entering into an enforceable contract or of giving an informed consent and for that reason the treatment is reasonable in the particular case. Regulations relating to vehicle equipment. 17.—(1) The Minister may, with the agreement of the Minister for Public Enterprise, make regulations requiring that new road or rail passenger vehicles which— (a) are purchased or leased by an operator of a passenger road service or passenger rail service, and (b) are to be used for the purposes of either such service, shall be equipped so as to be readily accessible to and usable by persons with a disability. (2) Regulations under subsection (1) shall not apply to an operator whose principal place of business is outside the State. (3) Regulations under subsection (1) may be of general application or may be made in respect of any category of operator or vehicle and may specify— (a) the number or proportion of an operator's vehicles, or any category thereof, to which the regulations apply, (b) when the regulations come into effect in respect of an operator's vehicles or any category thereof, and (c) the terms and conditions to which an operator shall be subject in order for the Minister to ascertain whether the operator is complying with the regulations. (4) In subsection (1) “operator of a passenger road service” an operator of a passenger road service, within the meaning of section 2 of the Road Transport Act, 1932 , as amended by section 66 of the Road Transport Act, 1933 , including an operator who is, by virtue of the Transport Act, 1958 , exempt from the requirement to hold a passenger licence under the first-mentioned Act. Regulations relating to station equipment. 18.—(1) The Minister may, with the agreement of the Minister for Public Enterprise, make regulations requiring operators of bus and rail stations to provide facilities at those stations so that they are readily accessible to and usable by persons with a disability. (2) In subsection (1) “stations” does not include any premises at those stations that are not normally used by bus or rail passengers. (3) Regulations under this section may be of general application or may be made in respect of any category of operator or station and may specify— (a) the bus or rail stations of an operator, or the number or proportion of an operator's stations or any category thereof, to which the regulations apply, (b) when the regulations come into effect in respect of an operator's stations or category of stations, and (c) the terms and conditions to which an operator shall be subject in order for the Minister to ascertain whether the operator is complying with the regulations. Provision of kerb ramps, etc. 19.— Where a road authority, within the meaning of section 2 of the Roads Act, 1993 , constructs or alters, or consents to the construction or alteration of, any public footway or other public pavement, it shall, for the purpose of facilitating the mobility of persons with a disability, provide, or require the provision of, ramps, dished kerbs or other sloped areas at appropriate places at or in the vicinity of any pedestrian crossing or intersection used by pedestrians in that part of the footway or pavement so constructed or altered. PART III Enforcement Definitions. 20.— In this Part, unless the context otherwise requires— “complainant” means a person referred to in section 21 (1); “equality mediation officer” and “equality officer” shall be construed in accordance with Part VII of the Employment Equality Act, 1998 ; “respondent” means a person who is alleged by a complainant in a case under section 21 (1) to have engaged in prohibited conduct. Redress in respect of prohibited conduct. 21.—(1) A person who claims that prohibited conduct has been directed against him or her may, subject to this section, seek redress by referring the case to the Director. (2) Before seeking redress under this section the complainant— (a) shall, within 2 months after the prohibited conducted is alleged to have occurred, or, where more than one incident of prohibited conduct is alleged to have occurred, within 2 months after the last such occurrence, notify the respondent in writing of— (i) the nature of the allegation, (ii) the complainant's intention, if not satisfied with the respondent's response to the allegation, to seek redress by referring the case to the Director, and (b) may in that notification, with a view to assisting the complainant in deciding whether to refer the case to the Director, question the respondent in writing so as to obtain material information and the respondent may, if the respondent so wishes, reply to any such questions. (3) If, on application by the complainant, the Director is satisfied— (a) that exceptional circumstances prevented the complainant from notifying the respondent in accordance with subsection (2), and (b) that it is just and equitable, having regard to the nature of the alleged conduct and to any other relevant circumstances, that the period for doing so should be extended beyond the period of 2 months provided for in that subsection, the Director may direct that, in relation to that case, subsection (2) shall have effect as if for the reference to 2 months there were substituted a reference to such period not exceeding 4 months as is specified in the direction; and where such a direction is given, this Part shall have effect accordingly. (4) The Director shall not investigate a case unless he or she is satisfied either that the respondent has replied to the notification or that at least one month has elapsed after it was sent to the respondent. (5) The Minister may by regulations prescribe the form to be used by a complainant and respondent for the purposes of subsection (2). (6) Subject to subsection (7), a claim for redress in respect of prohibited conduct may not be referred under this section after the end of the period of 6 months from the date of the occurrence of the prohibited conduct to which the case relates or, as the case may be, the date of its most recent occurrence. (7) If, on application by the complainant, the Director is satisfied that exceptional circumstances prevented the complainant's case from being referred within the time limit specified in subsection (6)— (a) the Director may direct that, in relation to that case, subsection (6) shall have effect as if for the reference to a period of 6 months there were substituted a reference to such period not exceeding 12 months as is specified in the direction, and (b) where such a direction is given, this Part shall have effect accordingly. (8) Information is material information for the purposes of this section if it is— (a) information as to the respondent's reasons for doing or omitting to do any relevant act and as to any practices or procedures material to any such act, (b) information, other than confidential information, about the treatment of other persons who stand in relation to the respondent in the same or a similar position as the complainant, or (c) other information which is not confidential information and which, in the circumstances of the case in question, it is reasonable for the complainant to require. (9) In subsection (8) “confidential information” means any information which relates to a particular individual, which can be identified as so relating and to the disclosure of which that individual does not agree. (10) This section is without prejudice to the other provisions of this Act relating to the obtaining of information. Dismissal of claims. 22.— The Director may dismiss a claim at any stage in the investigation if he or she is of opinion that the claim has been made in bad faith or is frivolous or vexatious or relates to a trivial matter. References of certain matters to Director. 23.—(1) Where it appears to the Authority that— (a) prohibited conduct— (i) is being generally directed against persons, or (ii) has been directed against a person who has not made a claim under section 21 (1) in respect of the prohibited conduct and it is not reasonable to expect that the person will do so, or (b) a person has contravened or is contravening section 12 (1) or 19 or regulations made under section 17 or 18, the matter may be referred by the Authority to the Director. (2) Where a matter is referred to the Director under subsection (1) it shall be dealt with in the same manner and to the same extent as if— (a) it were a claim referred to the Director under section 21 (1), (b) the Authority were the complainant and the person alleged to have engaged in the prohibited conduct or to have committed the contravention referred to in subsection (1)(b), as the case may be, were the respondent, and (c) where the matter involved a contravention referred to in subsection (1)(b), the contravention were prohibited conduct. (3) Where, on application to the High Court or the Circuit Court, the Authority satisfies the Court that the Director, pursuant to section 25 (4) , has decided that a person has— (a) engaged in prohibited conduct, or (b) contravened section 12 (1) or 19 or regulations made under section 17 or 18, and that there is a likelihood of a further occurrence of the prohibited conduct or a further contravention by the person, the Court may grant an injunction or such other relief as the Court deems necessary to prevent the further occurrence or contravention. Mediation. 24.—(1) Subject to subsection (2), if at any time after a case has been referred to the Director under section 21 it appears to the Director that the case is one which could be resolved by mediation, the Director shall refer the case for mediation to an equality mediation officer. (2) If the complainant or the respondent objects to a case being dealt with by way of mediation, the Director shall not exercise his or her powers under this section but shall deal with the case under section 25 . (3) Mediation shall be conducted in private. (4) Where a case referred under section 21 is resolved by mediation— (a) the equality mediation officer concerned shall prepare a written record of the terms of the settlement, (b) the written record of the terms of the settlement shall be signed by the complainant and the respondent, (c) the equality mediation officer shall send a copy of the written record, as so signed, to the complainant and the respondent, and (d) a copy of the written record shall be retained by the Director. (5) If, after a case has been referred to an equality mediation officer, it appears to the equality mediation officer that the case cannot be resolved by mediation, the officer shall issue a notice to that effect to the complainant and the respondent. (6) Where— (a) a notice has been issued under subsection (5) with respect to a case, (b) within 28 days from the issue of that notice the complainant makes an application to the Director for the resumption of the hearing of the case, and (c) a copy of that notice accompanies the application under paragraph (b), the Director shall deal with the case in accordance with section 25 . Investigation by Director. 25.—(1) Where a case which has been referred to the Director under section 21 — (a) does not fall to be dealt with by way of mediation under section 24 , or (b) falls to be dealt with under this section by virtue of section 24 (6), the Director shall investigate the case and hear all persons appearing to the Director to be interested and desiring to be heard. (2) An investigation under this section shall be held in private. (3) The Minister may by regulations specify— (a) procedures to be followed by the Director in carrying out investigations (or any description of investigation) under this section, and (b) time limits applicable to such investigations, including procedures for extending those limits in certain circumstances, but before making any such regulations the Minister shall consult the Director and the Authority. (4) At the conclusion of an investigation under this section the Director shall make a decision on the case, and the decision, if it is in favour of the complainant, shall provide for redress in accordance with section 27 . Inferences from failure to supply information, etc. 26.—If, in the course of an investigation under section 25 , it appears to the Director— (a) that the respondent did not reply to a notification under section 21 (2)(a) or to any question asked by the complainant under section 21 (2)(b), (b) that the information supplied by the respondent in response to the notification or any such question was false or misleading, or (c) that the information supplied in response to any such question was not such as would assist the complainant in deciding whether to refer the case to the Director, the Director may draw such inferences, if any, as seem appropriate from the failure to reply or, as the case may be, the supply of information as mentioned in paragraph (b) or (c). Redress which may be ordered. 27.—(1) Subject to this section, the types of redress for which a decision of the Director under section 25 may provide are either or both of the following as may be appropriate in the circumstances: (a) an order for compensation for the effects of discrimination; or (b) an order that a person or persons specified in the order take a course of action which is so specified. (2) The maximum amount which may be ordered by the Director by way of compensation under subsection (1)(a) shall be the maximum amount that could be awarded by the District Court in civil cases in contract. Appeal against decision of Director. 28.—(1) Not later than 42 days from the date of a decision of the Director under section 25 , the complainant or respondent involved in the claim may appeal against the decision to the Circuit Court by notice in writing specifying the grounds of the appeal. (2) In its determination of the appeal, the Circuit Court may provide for any redress for which provision could have been made by the decision appealed against (substituting the discretion of the Circuit Court for the discretion of the Director). (3) No further appeal lies, other than an appeal to the High Court on a point of law. Form and contents of decision. 29.—(1) Every decision of the Director under this Part shall be in writing and— (a) if the Director thinks fit, or (b) if any of the parties so requests, shall include a statement of the reasons why the Director reached the decision. (2) By notice in writing to the complainant and the respondent the Director may correct any mistake (including an omission) of a verbal or formal nature in a decision under this Part. (3) If any person who participated in an investigation is not correctly identified in the resulting decision, the correction of that error shall be regarded as falling within subsection (2). Supply and publication of decision. 30.—(1) A copy of every decision of the Director under this Part shall be given to the complainant and the respondent and every such decision shall be published and a copy thereof made available for inspection at the office of the Director. (2) Any reference in this section to a decision includes a reference to any statement of reasons included in the decision as mentioned in section 29 (1). (3) The contents of any document published or made available by virtue of this section shall be protected by absolute privilege. Enforcement of decisions and mediated settlements. 31.—(1) If a person who is bound by the terms of a decision of the Director under this Part fails to comply with those terms, then, on an application under this section, the Circuit Court shall, subject to section 32 , make an order directing the person affected to carry out the decision in accordance with its terms. (2) If a person who is a party to a settlement to which section 24 applied fails to give effect, in whole or in part, to the terms of the settlement, then, on an application under this section, the Circuit Court may make an order directing that person to carry out those terms or, as the case may be, the part of those terms to which the application relates, but the Circuit Court shall not, by virtue of this subsection, direct any person to pay any sum or do any other thing which (had the matter been dealt with otherwise than by mediation) could not have been provided for by way of redress under section 27 . (3) An application under this section may not be made within 42 days of the date of the decision or the date of the written record of the settlement, as the case may be. (4) An application under this section may be made— (a) by the complainant, or (b) where the Authority is not the complainant and it considers that the decision or settlement is unlikely to be implemented without its intervention, by the Authority with the consent of the complainant. (5) On an application under this section, the Circuit Court shall exercise its functions under subsection (1) or (2) on being satisfied of— (a) the existence and terms of the decision or settlement, and (b) the failure by the person affected to comply with those terms. (6) Without prejudice to the power of the Circuit Court to make an order for costs in favour of the complainant or the perso …