Membership Clubs & Age Discrimination
Discrimination on the ‘age ground’ occurs where there is less favourable treatment of one person compared with another person because they are different ages.
‘Age’ applies to people over 18 years of age, except for the provision of car insurance to licensed drivers under that age.
Membership clubs - a sports club for example - are one of the services covered by the Equal Status Acts and, as a general rule, cannot discriminate on any of the nine specified grounds (Age, Civil Status, Disability, Family Status, Gender, Membership of the Traveller Community, Race, Religion, Sexual Orientation) under the Equal Status Acts.
However, there are important exemptions.
When does a membership club discriminate?
In general, a club discriminates:
- if it has a rule, policy or practice which discriminates against a member or applicant; or
- if a person involved in its management discriminates against a member or applicant in relation to the affairs of the club. This includes issues of admission, terms and conditions of membership, terminating membership and making reasonable accommodation for members with disabilities (subject to the nominal cost exemption).
Note that registered membership clubs (licensed to sell alcohol to members and certain visitors under the Registration of Clubs Act 1904 to 2008) can have certain membership conditions that are not discriminatory. However, such clubs cannot discriminate in the provision of goods and services that are available to the public, or a section of the public.
Non-registered clubs (with no license to sell alcohol) are covered by the Equal Status Acts if they provide goods and services to the public or, to a section of the public, and not just to members. Here, the general exemptions and specific grounds-based exemptions for services under the Equal Status Acts apply as normal.
What exemptions are there for membership clubs?
Under the Equal Status Acts, it is not discrimination if a club:
- is for a particular group of people (for example - gender, civil status, family status, sexual orientation, religious belief, age, disability, nationality or ethnic or national origin, persons who are members of the Traveller community or persons who have no religious belief) and it refuses membership to other persons.
- confines benefit or privileges on the age and gender ground where it is not practicable for those outside the category to enjoy the benefit or privilege at the same time as members within the category. The clubs must make arrangements to offer the same or, a reasonably equivalent benefit or privilege to those members outside the category.
- has different types of membership, access to which is not based on any protected ground.
- seeks to eliminate past discrimination by offering particular fee rates or, membership arrangements to persons of a particular gender, by reserving places on the management board etc. or takes other steps for the principal purpose of obtaining a more equal involvement in club matters of persons who are members of a particular category.
- provides reasonably necessary different treatment to members of a particular gender, age, disability, nationality or national origin as regards sporting facilities or events.
Examples
- Clubs for particular category of persons protected under the Equal Status Acts: E.g. It is not discrimination to have a club for LGBT people.
- Special events: E.g. A tennis club can have a men’s tournament, so long as it also has a women’s tournament. It can also have events just for children, or for people with disabilities. Apart from in the case of gender, the club does not have to balance the special event with another one, such as a tournament for older people.
- Different kinds of membership: E.g. A club can offer a choice of full membership, off-peak membership, and so on.
- People who were excluded in the past: E.g. Golf clubs which used to refuse women to become members can offer special rates to encourage them to join now.
How can I complain about a discriminating club?
Any person can apply to the District Court for a declaration that a membership club (not a nightclub) is discriminating.
If it is found to be a discriminating club and it is the first such order made against the club, the District Court can suspend a club’s certificate to sell alcohol for a period of up to 30 days. The effect of the suspension is that the club cannot sell alcoholic drinks.
While a second or subsequent determination that a club is a discriminating club remains in effect, no certificate of registration shall be granted or renewed.
The Acts provide for an appeal to the Circuit Court and a club can apply to the District Court for a declaration as to whether it remains a discriminating club.
Actions taken to the District Court may involve costs.
The Workplace Relations Commission does not make decisions on claims about discriminatory clubs.
Case Studies
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What's next?
Make a complaint
Any person can apply to the District Court for a declaration that a membership club (not a nightclub) is discriminating.
If it is found to be a discriminating club and it is the first such order made against the club, the District Court can suspend a club’s certificate to sell alcohol for a period of up to 30 days. The effect of the suspension is that the club cannot sell alcoholic drinks.
While a second or subsequent determination that a club is a discriminating club remains in effect, no certificate of registration shall be granted or renewed.
The Acts provide for an appeal to the Circuit Court and a club can apply to the District Court for a declaration as to whether it remains a discriminating club.
Actions taken to the District Court may involve costs.
The Workplace Relations Commission does not make decisions on claims about discriminatory clubs.
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
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