General exemptions to the law on discrimination in relation to services

There are some situations in which the Equal Status Acts 2000 – 2018 (ESA), which deal with discrimination in relation to goods and services, do not apply.  These are known as exemptions. The ESA details some general exemptions, including:

• Other laws: The ESA does not prohibit difference in treatment if another law requires it. For example, it is not against the ESA to refuse a social welfare payment if social welfare law says you are not entitled to it.
• Nationality: Action taken by a public authority in relation to a non-Irish national who is not lawfully within the State is not prohibited by the ESA.
• Behaviour: It is not against the ESA to refuse goods, services or accommodation if a service provider has good reason to believe that providing goods or services to a customer would lead to a substantial risk of criminal or disorderly conduct or damage to property.

The Equal Status Acts (ESA) do not cover every possible situation related to discrimination in relation to services:

• Only some kinds of discrimination are covered.
• Only nine grounds are covered generally, and ten grounds in relation to accommodation
• There are some limits on what service providers have to do. This includes not having to go above nominal costs related to providing reasonable accommodations for people with disabilities
• Some forms of discrimination – such as positive action – are not against the law.

There are other kinds of exemption:

• Exemptions which apply to goods and services in general
• Specific exemptions which apply only to accommodation services
• Specific exemptions which apply only to clubs
• Specific exemptions which apply only to education.

Click on the links to find out if any of the exemptions apply to your situation.