Education & Civil Status Discrimination
Discrimination on the ‘civil status ground’ happens where there is less favourable treatment of one person compared to another person because they are of different civil status.
‘Civil status’ is defined as being single, married, separated or divorced, widowed, in a civil partnership or being a former civil partner in a civil partnership that has ended by death or, been dissolved.
An educational establishment shall not discriminate on the grounds of civil status in relation to:
- the admission or the terms or conditions of admission;
- the access of any student to any course, facility or benefit;
- any other term or condition of participation; or
- the expulsion of a student or other sanction.
What is meant by an educational establishment?
Educational establishments include pre-school services, primary or post-primary schools, adult, continuing or further education and university or other third level institutions. They include public and private educational establishments.
Can schools admit based on a students' connection to the school?
The Admission to Schools Act provides that a school shall not, when deciding on an application to the school, or when placing a student on a waiting list for admission to the school, consider or take into account a student’s connection to the school by virtue of a member of his or her family attending or having previously attended the school.
However, the law also sets out an exception to this rule in cases of:
- a sibling of the student concerned attending or having attended the school, or
- a parent or grandparent of the student concerned having previously attended the school, provided the maximum number of places filled pursuant to that criterion does not exceed 25 per cent of the available places as set out in the school’s annual admission notice for the school year concerned.
Is harassment at school considered discrimination?
Harassment
The Equal Status Acts prohibit harassment in educational establishments.
Under the Equal Status Acts, a person who is responsible for the operation of an educational establishment, shall not allow another person, who has a right to be present or avail of the services being offered, to suffer harassment.
The Equal Status Acts define harassment as any form of unwanted conduct related to the discriminatory grounds,
- being conduct which has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.
- this unwanted conduct may consist of acts, requests, spoken words, gestures or the production, display or circulation of written words, pictures or other material.
The Equal Status Acts also prohibit a person in authority harassing a student or prospective student, at a school.
A person who is responsible for the operation of an educational establishment should take steps as are reasonably practicable to prevent the harassment. It can serve as a defence for the person who is responsible for the operation of an educational establishment to show that they took reasonably practicable step to prevent the harassment.
The existence of a policy in relation to harassment, which has been effectively communicated to all individuals present can provide a defence for the person who is responsible for the operation of an educational establishment, even where a perpetrator has been found guilty of the harassment.
However, if the person who is responsible for the operation of an educational establishment did not take reasonably practicable steps to prevent the harassment (e.g. the absence of a policy regarding harassment) it will make it difficult, if not impossible, for the person who is responsible for the operation of an educational establishment to avoid liability for the harassment.
What's covered?
The Equal Status Acts 2000–2018:
- promote equality;
- prohibit certain kinds of discrimination (with some exemptions) across a number of specified grounds (Age, Civil Status, Disability, Family Status, Gender, Membership of the Traveller Community, Race, Religion, Sexual Orientation);
- prohibit sexual harassment and harassment across a number of specified grounds;
- prohibit victimisation;
- require reasonable accommodation of people with disabilities;
- allow a broad range of positive action measures.
The Equal Status Acts also implement the following two EU Directives – the Race Directive and the Gender Goods and Services Directive.
How do I know if I’m being unfavourably treated?
Different types of discrimination are prohibited under the Equal Status Acts , these include:
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 differ on any of the nine grounds described above. This is a difference which:
- exists;
- existed but no longer exists;
- may exist in the future; or
- is imputed to the person concerned (this occurs where a person is labelled as differing under the specified grounds even though this is not the case).
Discrimination by association
This occurs when a person who associates with another person is treated less favourably because that other person differs under any of the specified grounds.
Indirect discrimination
This happens where an apparently neutral provision, criterion or practice which appears unproblematic at first sight, puts a person who differs under any of the specified grounds at a
particular disadvantage, compared with another person. This provision, criterion or practice will not amount to discrimination where it is demonstrated that:
- the provision, criterion or practice is objectively justified by a legitimate aim; and
- the means of achieving that aim are appropriate; and
- the means of achieving that aim are necessary.
Procuring discrimination
It is an offence under the Equal Status Acts to procure or attempt to procure another person to engage in discrimination, harassment or sexual harassment.
What responsibilities do service providers have?
Positive action
The Equal Status Acts allow for taking of positive measures (or preferential treatment) which are legitimately intended to:
- promote equality of opportunity for disadvantaged persons;
- cater for the special needs of persons, or a category of persons who because of their circumstances, may require facilities, arrangements, services or assistance.
In addition, the Equal Status 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.
Vicarious liability
Employers are liable for discriminatory acts of an employee in the course of his or her employment.
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.
What can I do if I’m being harassed or sexually harassed?
Harassment and sexual harassment
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.
What if I am penalised for making a complaint?
Victimisation
It is victimisation if a person is threatened or treated badly because they make a complaint about discrimination in relation to the provision of goods and services. Victimisation is against the law.
For example, it is victimisation if you are threatened or treated badly because:
- you make a complaint of discrimination against a service provider;
- you have been involved in a discrimination case at the Workplace Relations Commission;
- you helped someone else to make a claim;
- you were involved as a witness in a discrimination case at the Workplace Relations Commission;
- you have taken a discrimination claim to court;
- you have told a service provider that you intend to do any of the things mentioned in this list.
What's not covered?
There are several significant exemptions that apply to people who attend at, or are in charge of, educational establishments.
These exemptions should be read restrictively and should not be allowed to restrict unduly the general prohibition on discrimination.
General exemptions relating to universities, third level or adult educational institutions
Scholarships and other assistance
The Equal Status Acts allow for universities, or higher level institutions to offer assistance to particular categories of persons, by way of sponsorships, scholarships, bursaries or other awards which are justifiable, having regard to traditional and historical considerations.
Foreign exchanges
In relation to the allocation of places, universities or other higher-level institutions can select particular students to take part in exchanges with universities outside the jurisdiction.
Other general exemptions
Action required by or under law
A general exemption provides that nothing in the Acts shall prohibit the taking of any action that is required under:
(a) statutory provision or court order;
(b) any act done or measure adopted by the EU; or
(c) any international treaty which imposes an obligation on the State.
Only actions that are mandatory are covered. Where the measure leaves some discretion the anti-discriminationn provisions do apply.
Certain nationals of other countries
Public authorities can treat certain nationals of other countries differently, on the basis of their nationality, who are outside the State or unlawfully present in it (for the purposes of the Immigration Act 2004) or in accordance with any provision or condition made by or under any enactment, and arising from his or her entry to or residence in the State.
Risk of criminal or disorderly conduct
A provider of goods or services, or a person providing accommodation or related services, can refuse a service or accommodation to a person if a reasonable individual, having the knowledge and experience of the provider, would form the belief that the provision of service or accommodation to
the customer would produce a substantial risk of criminal or disorderly conduct or behaviour, or damage to property in or around the area where the service or accommodation is provided.
Clinical judgment
Treating a person differently does not constitute discrimination where a person is treated differently solely in the exercise of a clinical judgement in connection with a diagnosis of illness or her/his medical treatment.
Capacity to enter into a contract
Treating a person differently does not constitute discrimination if a person is incapable of entering into an enforceable contract or, is incapable of giving informed consent and for that reason the treatment is reasonable.
Case Studies
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What's next?
Make a complaint to the Workplace Relations Commission
The Workplace Relations Commission (WRC) is the body that hears discrimination complaints under Ireland’s equality laws. The WRC deals with both employment and service/goods related claims. There is no fee to bring a case to the WRC and complaints can be made online.
Learn more about the WRC process
Contact us
We, the Irish Human Rights and Equality Commission, have a statutory role to fight discrimination and provide information on equality and human rights in Ireland. Please note however that we are not a court and we do not decide on discrimination claims.
Learn more about how to contact us
Contact another organisation
You may find that another organisation could better help you with your issue.
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Employment rights / Equal treatment in services
Workplace Relations Commission
Information and Customer Services (ICS), formerly known as Workplace Relations Customer Services, is responsible for the provision of information relating to employment rights, equality and industrial relations matters by means of a telephone call-in service manned by experienced Information OfficersInformation and Customer Services
Workplace Relations Commission
O’Brien Road
Carlow
R93 E920
Phone: 059 9178990 | Lo-call: 1890 80 80 90 * (09.30 - 17.00, Monday to Friday)
Web: https://www.workplacerelations.ie/en/contact_us/contact-details/
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Rights and welfare of children
Ombudsman for Children’s Office
The Ombudsman for Children may investigate a complaint made by a child, a family member, or a professional, who has dealings with the child. The bodies that may be investigated by the Ombudsman for Children include Government Departments, the HSE, schools, and public hospitals.Ombudsman for Children’s Office
Millennium House
52-56 Great Strand Street
Dublin 1 -
Complaints about schools
Ombudsman for Children’s Office
The Ombudsman for Children’s Office may investigate a complaint made by a child and a young person under the age of 18, or a family member, or a professional, who has dealings with the child or person under the age of 18. The bodies that may be investigated by the Ombudsman for Children include Government Departments, the HSE, schools, and public hospitals. For more information, you may wish to access the following link: Making a complaint to the Ombudsman for Children’s Office. The Ombudsman for Children can investigate complaints relating to the administrative actions of a school recognised by the Department of Education and Skills provided the complainant has firstly and fully followed the school’s complaints procedures. You can access more information regarding school complaints at the following link: Complaints about schools.Ombudsman for Children’s Office
Millennium House
52-56 Great Strand Street
Dublin 1 -
Unfair treatment by a public body
Office of the Ombudsman
The Office of the Ombudsman examines complaints about the administrative actions of Government Departments; the Health Service Executive; local authorities and various other State agencies. Complaints can be made in relation to a wide range of issues, such as entitlement to public services, taxation, housing, education and social welfare.Office of the Ombudsman
18 Lower Leeson Street
Dublin 2
D02 HE97 -
One-parent families
One Family
One Family is working to ensure a positive and equal future for all members of all one-parent families in Ireland Changing attitudes, services, policies and lives together with one-parent families and those working with them we are committed to achieving equality and respect for all families.One Family
8 Coke Lane,
Dublin 7,
Ireland
D07 EN2Y
Lo-call helpline: 1890 662 212 -
Information for unmarried parents
Treoir - National Federation of Services for Unmarried Parents and their Children
Treoir is the National Specialist Information Service for unmarried parents and their children providing clear and up-to-date information free of charge to parents who are not married to each other and to those involved with them.Treoir - National Federation of Services for Unmarried Parents and their Children
28 North Great Georges Street,
Dublin 1. D01 HY46
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Legal advice
Free Legal Advice Centres
The Free Legal Advice Centre (FLAC) provide confidential, basic legal advice for free and in person across all areas of law. FLAC offers a network of advice clinics around Ireland and you may be able to identify the most suitable one at the following link: Legal Advice Clinic.Free Legal Advice Centres,
13 Lower Dorset Street,
Dublin 1,
Ireland
Phone: Lo-Call: 1890 350 250
Web: https://www.flac.ie/
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Community law and mediation
Community Law & Mediation
Community Law & Mediation is a community law centre which provides free legal advice, advocacy and mediation and education services.Northside Civic Centre, Bunratty Road, Coolock, Dublin 17, Ireland
Tel: (01) 847 7804
Email: info@communitylawandmediation.ie
Community Law & Mediation Limerick
Limerick Social Service Centre, Henry Street, Limerick, Ireland
Tel: (061) 536 100
Email: limerick@communitylawandmediation.iePhone: (01) 847 7804
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Legal aid
The Legal Aid Board
The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means. Legal advice is any oral or written advice given by a solicitor or barrister, including writing letters and negotiations. Legal aid is representation by a solicitor or barrister in court proceedings. The Legal Aid Board has a number of centers across the country, and the best way to find the one most convenient to you is to contact the Legal Aid Board directly. -
Citizen's Information Centres
Citizen's Information
Citizens Information Centres (CICs) provide free, impartial information, advice and advocacy from more than 215 locations around the country.Find a Citizens Information Centre
https://centres.citizensinformation.ie/Phone: 0761 07 4000
Browse the database of organisations working on human rights and equality issues in Ireland.