What is Gender discrimination?
Gender Ground
If someone treats you less favourably because you are a different gender to someone else.
Gender includes male, female, transgender or nonbinary.
Pregnant women or women on maternity leave are also protected under the gender ground.
Under EU law, a transgender person who experiences discrimination arising from their gender reassignment, or transition, is also protected under the gender ground.
What is Gender Discrimination in Pubs?
Discrimination on the ‘gender ground’ happens where there is less favourable treatment of one person compared to another, because one is a woman and the other is a man.
Under EU law, a transgender person who experiences discrimination arising from their gender reassignment, or transition, is also protected under the gender ground.
Example: A pub refuses to admit a person who they think is transgender
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