What is Age Discrimination in services?
People cannot discriminate on the grounds of age:
- when they are providing goods and services to the public generally or, a section of the public;
- whether these are free or where the goods and services are sold, hired or rented or exchanged; or
- when providing access to and the use of any place or facility.
Who can you complain to?
Complaints under the Employment Equality Acts and the Equal Status Acts are made to the Workplace Relations Commission (WRC).
The WRC deals with claims related to employment and to services or goods, including education, housing, membership clubs and certain cases relating to pubs.
Note that there are very strict timeframes to complain.
What rights do you have accessing goods and services?
Watch our video below to see some examples of discrimination, learn about your rights and find out how to make a complaint.
What law protects you against discrimination accessing goods and services?
The Equal Status Acts 2000-2018 (ESA) protect you from discrimination when you are buying goods or accessing services.
The ESA ban discrimination, harassment and sexual harassment in:
- Sale or provision of goods and services
- Housing services
- Access to education
What is covered under the ESA?
Reasonable accommodation
If you have a disability, you have the right to ask for a reasonable accommodation.
Reasonable accommodation means the measures that need to be taken to enable a person with a disability to use a service.
This means that if you have a disability, the provider of a service must do all that is reasonable to accommodate your needs, if it would be impossible or very difficult for you to access the service without the reasonable accommodation.
This could involve providing special treatment or facilities.
If you are using a business or service for the first time, while there is no obligation to do so, it may be a good idea to make sure they know that you have a disability and understand what type of reasonable accommodation you will need them to arrange.
Harassment, sexual harassment and victimisation
The ESA prohibits harassment, sexual harassment and victimisation.
The person in charge of running any place where goods, facilities or services is responsible for preventing harassment, sexual harassment and victimisation.
- 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.
- Victimisation is where you are treated badly because you have made or were involved in making a complaint.
The responsible person must ensure that any person who has a right to be there is not sexually harassed or harassed. The responsible person must be able to prove that they took ‘reasonably practicable’ steps to prevent any sexual harassment or harassment.
Exceptions and Exemptions
There are some exemptions to the Equal Status Acts.
There are two general types of exemption:
- Exceptions or exemptions required by law or by order of a court
- Positive action aiming to promote equal opportunity for disadvantaged groups
Some exceptions and exemptions apply to specific circumstances.
Exemptions on the Age Ground
The Equal Status Acts allow for age requirements for a person to be an adoptive or foster parent. However, the age requirement must be reasonable having regard to the needs of the child or children concerned.
Difference in treatment on based on age in relation to providing or organising sporting facilities or events is permitted if:
- 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.
Financial services such banks and insurers are covered by equality law on services and goods.
Example An insurer refuses to cover you because of your age.
Example A bank refuses a car loan to someone over 65 years of age.
Risk exemption for financial services
Not all differences in treatment by financial services are unlawful.
Specifically, section 5(2)(d) of the Equal Status Acts allows for difference in the treatment of persons, in relation to annuities, pensions, insurance policies or any other matters relating to the assessment of risk, where the treatment is effected by reference to:
- actuarial and statistical data obtained from a source on which it is reasonable to reply, or other relevant underwriting or commercial factors, and;
- is reasonable having regard to the data or other relevant factors.
Any decision to treat a person applying for an insurance policy less favourably under any of the nine protected grounds, or not to provide a service at all, must be based on reasonable evidence, and relevant underwriting or commercial factors .
If you are refused insurance or quoted a higher premium, you are entitled to the reason(s) for this.
It is also important to note that this exemption does not apply to the gender ground, meaning no difference in treatment by a financial service can be justified on the basis of gender.
Also, although this has not been determined by the Courts, it is worth noting that difference in treatment on the basis of race may also be unlawful.
Frequently Asked Questions
Yes. The Equal Status Acts allow insurance providers to treat people differently where there is good reason to do so. This means they can decide whether to insure you or how much to charge you after assessing the financial risk to themselves. They must base their assessment on reliable actuarial data (mathematical figures and calculations) and other relevant factors such as your health or location.
For example, insurers may justify making healthcare insurance premiums more expensive for people with certain disabilities if statistics show these customers tend to need in-patient hospital treatment more often than customers who do not have those disabilities.
If insurers treat you less favourably because of any of the nine protected grounds listed above, you have the right to ask them why. If you are not satisfied with their response, you can complain to the Workplace Relations Committee (WRC).
It is never acceptable to treat someone differently on the ground of gender. For example, a motor insurer must not quote a higher premium for a man than for a woman just because of their gender.
You can go to the Declined Cases Committee of Insurance Ireland.
You must:
- Show evidence that you have been refused motor insurance cover from at least three insurers.
- Provide the date you applied to each company, and the date they refused.
- State the reasons they gave for refusing to cover you.
The Declined Cases Committee will order the first insurer you approached (or any other insurance company that has sold you a policy in the last three years) to send you a quote. The Committee can decide whether the quote is so high or restrictive that it amounts to a refusal of cover. The only legal ground on which an insurer can refuse cover is if providing it would be against public interest.
The Declined Cases Committee can also help if an insurer refuses to add an additional driver to your existing policy.
Have you experienced discrimination for another reason?
Select the ground and area where you have experienced discrimination