What is Disability Discrimination?
Disability Ground
If someone treats you less favourably because you have a disability and someone else has a different disability or does not have a disability.
‘Disability’ can mean many different conditions: physical, intellectual, learning, cognitive, emotional or medical.
The definition includes, for instance, depression, epilepsy, claustrophobia and agoraphobia, alcoholism, facial scarring, ADHD (attention-deficit/hyperactivity disorder), HIV infection, diabetes and dyslexia. It also covers many other impairments or diseases that can affect how your body looks or functions.
What is Disability Discrimination in Pubs?
Disability discrimination in pubs happens when you are refused service because you have a disability.
Example: You are refused entry to a pub because you are a wheelchair user.
Example: Someone with a brain tumour being asked to leave a pub because they look unsteady on their feet.
What law protects you against discrimination in Pubs?
The Intoxicating Liquor Act protects against discrimination on or, at the point of entry” to a licensed premises (for example, a pub, or restaurant; or any place that holds a license to sell alcohol)
The Equal Status Acts protect you if you experience discrimination by a licensed premises via telephone or by email (in other words if the claimed discrimination does not occur “on or, at the point of entry” to that premises)
What is covered under the law?
Licenced premises selling alcohol, such as pubs, nightclubs and membership clubs cannot discriminate on or at the point of entry to a licensed premises.
How do I complain?
There are two different routes for complaints about discrimination by pubs.
Claims of discrimination that occur “on or, at the point of entry” to a licensed premises (for example, a pub, or restaurant; or any place that holds a license to sell alcohol) are dealt with in the District Court.
You can access the relevant court forms from the Courts Service. The main relevant provisions are contained in the Intoxicating Liquor Act 2003, as amended.
If the claim of discrimination against a licensed premises occurs via telephone or by email (in other words if the claimed discrimination does not occur “on or, at the point of entry” to that premises) then any such claim should be directed to the Workplace Relations Commission.
Frequently Asked Questions
Yes, as long as a notice setting out the policy is displayed in a conspicuous place in or on the exterior of the premises.
Have you experienced discrimination for another reason?
Select the ground and area where you have experienced discrimination