What is Sexual Orientation discrimination in membership clubs?
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.
However, there are important exemptions.
Who can you complain to?
Complaining about a membership club under the ESA is different to other services.
You must complain to the District Court.
The Workplace Relations Commission does not make decisions on claims about discriminatory clubs.
Any person can apply to the District Court for a declaration that a membership club (not a nightclub) is discriminating.
Actions taken to the District Court may involve costs.
What law protects you against discrimination in clubs?
The Equal Status Acts protect you against discrimination in membership clubs.
In particular, clubs must not discriminate in:
- issues of admission
- terms and conditions of membership
- terminating membership
- making reasonable accommodation for members with disabilities (subject to the nominal cost exemption).
A Membership Club is a club that has applied for or holds a certificate of registration.
What is a membership club?
There are two types of membership clubs under the ESA:
- Registered membership clubs
- Non-registered clubs
Registered Membership Clubs
Clubs that are 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
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.
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
- 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).
What exemptions are there for membership clubs?
Under the Equal Status Acts, it is not discrimination if a club:
(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.
Example: It is not discrimination to have a club for LGBT people.
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.
Example: A tennis club can have a men’s tournament, so long as it also has a women’s tournament.
access to which is not based on any protected ground.
Example: A club can offer a choice of full membership, off-peak membership, and so on.
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.
Example: Golf clubs which used to refuse women to become members can offer special rates to encourage them to join now.
to members of a particular gender, age, disability, nationality or national origin as regards sporting facilities or events.
Example: A club can 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.
Have you experienced discrimination for another reason?
Select the ground and area where you have experienced discrimination