Services & Race Discrimination
Race discrimination happens when you are treated less favourably than someone else because of your race, colour, nationality or, ethnic or national origins.
People cannot discriminate on the grounds of race:
- when they are providing goods and services to the public generally or, a section of the public;
- whether these are free or where the goods and services are sold, hired or rented or exchanged; or
- when providing access to and the use of any place or facility.
What is meant by services and goods?
The Equal Status Acts aim to make sure that people are treated equally when they access goods and services.
You are using a service when a person or organisation does something for you, or supplies you with something.
Goods are any moveable property. For example, goods are items that can be bought or sold.
You are protected if you are using a facility or, service of any nature, including facilities for:
- banking, insurance, grants, loans, credit or financing;
- entertainment, recreation or refreshment;
- cultural activities;
- transport or travel;
- a service or facility provided by a club (which is available to the public or a section of the public);
- a professional trade or service, such as plumbers or financial advisors; and
- educational services; and
- public services provided by the State (for example HSE, local authorities).
This list is not a full list. The Equal Status Acts take a broad view of what a service is.
What is discrimination in public services?
Public services provided by the State, such as government departments and agencies, the health service, social welfare or local authorities are all covered by equality law. This includes things like tax, grant and pension assessments.
While there may be exemptions linked to certain protected grounds, you are entitled to be treated equally in seeking to avail of a range of public services and benefits.
What about financial services?
Financial services such banks and insurers are covered by equality law on services and goods.
Example A bank refuses to open you a bank account on the basis of your race or nationality.
The Commission has successfully brought cases against banks refusing to open bank accounts for people seeking international protection (asylum-seekers) in Ireland under the race ground.
Risk exemption for financial services
Not all differences in treatment by financial services are unlawful.
Specifically, section 5(2)(d) of the Equal Status Acts allows for difference in the treatment of persons, in relation to annuities, pensions, insurance policies or any other matters relating to the assessment of risk, where the treatment is effected by reference to:
- actuarial and statistical data obtained from a source on which it is reasonable to reply, or other relevant underwriting or commercial factors, and;
- is reasonable having regard to the data or other relevant factors.
Any decision to treat a person applying for an insurance policy less favourably under any of the nine protected grounds, or not to provide a service at all, must be based on reasonable evidence, and relevant underwriting or commercial factors .
If you are refused insurance or quoted a higher premium, you are entitled to the reason(s) for this.
It is also important to note that this exemption does not apply to the gender ground, meaning no difference in treatment by a financial service can be justified on the basis of gender.
Also, although this has not been determined by the Courts, it is worth noting that difference in treatment on the basis of race may also be unlawful.
Refused insurance complaints
If you have been refused insurance cover, you are entitled to go to the Declined Cases Committee of Insurance Ireland, who will obtain an insurance quotation on your behalf.
In order for the Committee to consider your case, you must first have sought and been refused quotations, in writing, from at least three insurers.
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 retaliated against 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 in the Equal Status Acts that apply to the provision of goods and services. The Equal Status Acts allow for people to be treated differently in certain circumstances.
These exemptions should be read restrictively and should not be allowed to restrict unduly the general prohibition on discrimination.
Exemptions on race/nationality ground
Sporting events
Difference in treatment on based on nationality in relation to providing or organising sporting facilities or events is permitted if:
- the differences are reasonably necessary having regard to the nature of the facility or event; and
- are relevant to the purpose of the facility or, event.
Drama and entertainment
Difference in treatment on the race ground in connection with a dramatic performance or, other entertainment is permitted if the difference is reasonably required for reasons of authenticity, aesthetics, tradition or, custom.
Exemptions for certain nationals of other countries (General exemption)
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.
Financial services - risk exemptions on all grounds, except gender
Difference in treatment on any of the grounds, except for the gender ground, in relation to the provision of annuities, pensions, insurance policies or any other matters related to the assessment of risk, is permitted if the difference in treatment is effected by reference to:
- actuarial or statistical data, or other relevant underwriting or commercial factors; and
- is reasonable having regard to the data or, other relevant factors.
Exemptions on all grounds
Wills/gifts
The Equal Status Acts do not apply to the disposal of goods by will or by gift.
Specialised need
The Equal Status Acts permit difference in treatment where the goods or service could reasonably be regarded as being suitable only to the needs of certain persons.
General exemptions
Action required by or under law
A general exemption provides that nothing in the Equal Status Acts shall prohibit the taking of any action that is required under:
- statutory provision or court order;
- any act done or measure adopted by the EU; or
- 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-discrimination 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
Getting a mortgage and race discrimination
| Case | Two Applicants for a Mortgage v. A Bank |
|---|---|
| Topic | Bank representatives approached an Irish citizen with an offer to switch mortgage providers. When the man made the mortgage application to the bank confirming that his wife is a non-EEA national, the application was refused because his wife was resident on a Stamp 4 immigration visa. |
| Outcome | The couple made a complaint of discrimination to the WRC. Resolved through mediation. |
| Law | ESA |
| Year | 2019 |
Opening a bank account and race discrimination
| Case | A Syrian Refugee v. A Bank |
|---|---|
| Topic | A high-street bank refused to open a bank account for the man who is a Syrian refugee, on the ground of his Syrian nationality. |
| Outcome | The WRC adjudication ordered the bank to pay compensation of €4,000 to the man, and ordered the bank to engage directly with the Commission to minimise the possibility of a re-occurrence of this type of incident. |
| Law | ESA |
| Year | 2019 |
Getting a driving licence and race discrimination
| Case | An Asylum Seeker v. Road Safety Authority (RSA) |
|---|---|
| Topic | The man applied for and was granted a learner driver permit in early 2018. He subsequently passed his driver test and applied for a full driver licence. However, when at his local NDLS office, a member of staff refused to issue him with a driver licence on the ground that he lacked the proof of normal residence required by the RSA. The man referred the matter to the Ombudsman and continued to engage in correspondence with the RSA before referring a complaint of discrimination on the ground of race to the WRC. |
| Outcome | The WRC refused jurisdiction on the grounds that his ES1 complaint form had been served out of time on the RSA. Having secured full residency permission and a driver licence in the meantime, he decided not to appeal. |
| Law | ESA |
| Year | 2019 |
Getting a credit card and race discrimination
| Case | A Refugee v. A Bank |
|---|---|
| Topic | The high-street bank blocked the man, a refugee resident in the State for several years and a customer of the bank, from applying for a credit card online based on his nationality. |
| Outcome | The man made his complaint to the WRC. Resolved through mediation. |
| Law | ESA |
| Year | 2019 |
Search database for more case studies
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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Social welfare information
Department of Employment Affairs and Social Protection
The Department of Employment Affairs and Social Protection's role is to promote a caring society through ensuring access to income support and other services, enabling active participation, promoting social inclusion and supporting families. Please find below a list of contact numbers for services: - DSP Income Support Helpline for people impacted by COVID-19. Tel: 1890 800 024 – Information Services – Tel: 1890 66 22 44 – Free Travel, Household Benefits, State Pension, Domiciliary Care, Widow(er)s Pension, Widowed Parent Grant, Blind Persons Pension - Tel: 1890 500 000 – Carer's Allowance, Carer's Benefit, Disability Allowance, Disablement Benefit, Invalidity Pension, Bereavement Grant - Tel: 1890 927 770 – Supplementary Welfare Allowance - Tel: 071 9157100 – Homemakers - Tel: 1890 690 690 – Respite Care Grant – Tel: 01 6732222 – Illness Benefit, Injury Benefit, Medical Care – Tel: 1890 928 400Áras Mhic Dhiarmada,
Store Street,
Dublin 1
Information Services
College Road,
Sligo
LoCall: 1890 66 22 44
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Social welfare appeals
Social Welfare Appeals Office
The Social Welfare Appeals Office operates independently of the Department of Social Protection. It aims to provide an independent, accessible and fair appeals service with regard to entitlement to social welfare payments and to deliver that service in a prompt and courteous manner. The main role of the Social Welfare Appeals Office is to provide a fair and independent appeals procedure where a person is dissatisfied with a decision given under the Social Welfare Acts by a Deciding Officer or a Designated Person about their entitlement to social welfare payments or the insurability of their employment.Social Welfare Appeals Office D'Olier House,
D'Olier Street,
Dublin 2
D02 XY31 -
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 -
Anti-racism
INAR (the Irish Network Against Racism)
INAR (the Irish Network Against Racism) is a national network of anti-racism civil society organisations which aims to work collectively to highlight and address the issue of racism in Ireland.Irish Network Against Racism
28 North Great George’s Street
Dublin 1
REPORT RACISM: www.iReport.ie -
Immigration
Immigrant Council Of Ireland
Immigrant Council Of Ireland provides practical information and advice on all immigration related issues. Its Independent Law Centre supports the most vulnerable migrants, including victims of trafficking, so they can live lives free from oppression.Immigrant Council of Ireland,
2 St Andrew Street,
Dublin 2 -
Migrant and refugee rights
Nasc
Nasc is the Irish word for “link”. They link migrants and refugees to their rights.34 Paul Street, 1st Floor
Cork City, T12 W14H
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Migrant Rights
Doras
Doras is an independent, non-governmental organisation working to promote and protect the rights of migrants in IrelandDoras,
Central Buildings,
51a O’Connell Street,
Limerick. V94 W275 -
Migrant Rights
Migrant Rights Centre
Migrant Rights Centre Ireland is a national organisation working for justice, empowerment and equality for migrants and their families3 Lower
Dorset Street Lower
Dublin
D01 Y893 -
Returning migrants
Cross Care
Crosscare Migrant Project is a Dublin based NGO providing information and advocacy support to Irish emigrants and people who have moved to Ireland.Cross Care,
Crosscare Migrant Project
1 Cathedral Street, Dublin 1
D01 EF86
Email: migrantproject@crosscare.ie
Phone: +353 (0)1 873 2844
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Immigration and asylum
International Organization for Migration
The International Organisation for Migration (IOM) works to help ensure the orderly and humane management of migration, to promote international cooperation on migration issues, to assist in the search for practical solutions to migration problems and to provide humanitarian assistance to migrants in need, including refugees and internally displaced people.International Organization for Migration
116 Lower Baggot Street,
Dublin 2,
Ireland
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Immigration and asylum
The Refugee Legal Service
The Legal Aid Board provides confidential and independent legal services to persons applying for international protection in Ireland. If you are applying for international protection in Ireland, you can obtain legal advice and assistance from the Legal Aid Board to assist you with your application. You may register with the Legal Aid Board at any stage of the asylum process, but it is advisable to do so at the earliest possible stage of the process.The Refugee Legal Service
48-49 North Brunswick Street
George’s Lane
Dublin 7 -
Asylum seekers and refugees
Irish Refugee Council
Irish Refugee Council provides services and support to people seeking protection and those recognised as refugees in Ireland.Irish Refugee Council,
37 Killarney Street
Dublin 1
D01 NX74 -
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 -
Consumer and competition rights
Competition and Consumer Protection Commission
The Competition and Consumer Protection Commission is the statutory body responsible for enforcing consumer protection and competition law in Ireland.Competition and Consumer Protection Commission
Bloom House
Railway Street
Dublin 1
D01 C576Phone: 1890 432 432
Web: https://www.ccpc.ie
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Standards in health and social care services
The Health Information and Quality Authority (HIQA)
The Health Information and Quality Authority is an independent authority established to drive high-quality and safe care for people using our health and social care services in Ireland. HIQA’s mandate to date extends across a specified range of public, private and voluntary sector services. Reporting to the Minister for Health and the Minister for Children and Youth Affairs, HIQA’s role is to develop standards, inspect and review health and social care services and support informed decisions on how services are delivered.Head office
Unit 1301,
City Gate,
Mahon,
Cork,
T12 Y2XT
Phone: (021) 240 9300
Regional office
George's Court,
George's Lane
Dublin 7,
D07 E98Y
Phone: (01) 814 7400Email: info@hiqa.ie
Web: https://www.hiqa.ie/
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Child protection
Tusla Child and Family Agency
The Child and Family Agency is the dedicated State agency responsible for improving wellbeing and outcomes for children. The Agency operates under the Child and Family Agency Act 2013, a progressive piece of legislation with children at its heart and families viewed as the foundation of a strong healthy community where children can flourish. Partnership and co-operation in the delivery of seamless services to children and families are also central to the Act.Tusla Child and Family Agency,
The Brunel Building,
Heuston South Quarter,
Saint John's Road West,
Dublin 8.
D08 X01F -
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. -
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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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.