Ireland’s equality laws protect individuals from certain kinds of discrimination, harassment and sexual harassment. They aim to promote:
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.
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
Booklet on the Equal Status Acts
Booklet on the Employment Equality Acts
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.
The Acts:
The Acts apply to people who:
The Acts also implement the following two EU Directives:
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.
And an up-to-date consolidated version from the Law Reform Commission Equal Status Act 2000, Revised and Consolidated (Law Reform Commission, Updated to 1 January 2016)
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.
The Acts:
The Acts also implement the following EU Directives:
Aspects of employment that are covered include:
The Acts apply to:
The Acts also extend to:
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
And an up-to-date consolidated version from the Law Reform Commission Employment Equality Acts 1998, Revised and Consolidated (Law Form Commission Updated to 7 March 2016
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:
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:
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:
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.
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:
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.
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.
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.
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).
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:
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.
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:
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.
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.