The Equal Status Acts
2000-2010
Charles O’Mahony
Centre for Disability Law & Policy
NUI Galway
Disability Legal Information Clinic
NUI Galway
5 October 2011
1
Strategy for Equality: A
Watershed with Regards to
the Rights of Persons with
Disabilities in Ireland
(1996)
2
Strategy for Equality –
1996 - Watershed
• The Report of the Commission on the Status of People with
Disabilities – entitled A Strategy for Equality (1996).
• Established by Minister for Equality and Law Reform Mervyn
Taylor in 1993.
• The Report signaled the need to adopt a more rights based
approach to disability in light of international trends such as the
introduction of the Americans with Disabilities Act 1990…
• Major consultative process involving persons with disabilities –
who expressed frustration in relation to their exclusion – 600
written submissions received – 327 from persons with disabilities
– 111 from parents and friends of persons with disabilities – 162
from organisations. In addition to 30 well attended listening
meetings.
3
Strategy for Equality
• The Commission’s Report was endorsed by all parties
in the Oireachtas.
• It was also widely supported by all sectors of society.
• It contained 402 recommendations
Recommendations under the following headings:
• The Legal Status of Persons with Disabilities
• Policy Development & Implementation
• Delivering the Necessary Services
4
Strategy for Equality
• Income & Disability
• Work & Training
• Insurance
• Access
• Health
• Education
• Housing & Accommodation
5
Strategy for Equality
• Transport & Mobility
• Technology & Communications
• The Law & the Legal System
• Political Rights
• The Inclusion of Women with Disabilities
• Sexuality & Relationships
• Religious Practice
6
Strategy for Equality
• Arts & Culture
• Media
• Sports Leisure & Recreation
• Vulnerable People with Disabilities
• Research
7
Strategy for Equality
• Key Recommendations:
 Creation of the National Disability Authority (NDA)
 Definitions of disability should use language that
reflects the rights of persons with disabilities to be treated
as full citizens
 Enactment of a Disability Act
 A comprehensive strategy on disability that changed the
relationship between service providers and persons with
disabilities to reflect partnership
 Review of the law on legal capacity
 Inclusion of the disability ground in employment equality
law
 No person should be overlooked for treatment or have
treatment delayed or curtailed because of a disability
8
Recommendation
116
The Department of Equality and Law Reform
should introduce Equal Status legislation
concerning access to goods and services,
facilities and services as soon as possible,
ensuring
that
the
legislation
and
any
accompanying regulations and/or guidelines
define what is reasonable and what constitutes
undue difficulty in such a way as to minimise
derogations
which
mitigate
against
the
universal right of access.
9
Strategy for Equality
• An internal progress Review of the Report
carried out an inter-departmental task force
in 1999.
• It reported that 20% of the Report’s
recommendations were implemented fully.
• Progress had been made on 66% of the
recommendations.
• There was no consultation with members of
the disability community in relation to the
their perceptions of progress.
10
Equality Legislation
• Employment Equality Acts 1998-2010
• Equal Status Acts 2000-2010
11
12
The Arrival of Equality
Legislation
• The Equality Authority is an independent body
established under the Employment Equality Act
1998.
• The Equality Authority replaced the Employment
Equality Agency, and has a greatly expanded role
and functions.
• The Employment Equality Acts 1998-2010
and the Equal Status Act 2000-2010 outlaw
discrimination in employment, vocational training,
advertising, collective agreements, the provision
of goods and services and other opportunities to
which the public generally have access on nine
distinct grounds.
13
Role of the Equality
Authority
• The Equality Authority has an in-house Legal
Service.
• At its discretion, where the case has strategic
importance, provide free legal assistance to
those making complaints of discrimination under
the Employment Equality Acts and the Equal Status
Acts.
• Mission Statement is to “achieve positive change in
the situation and experience of those groups and
individuals experiencing inequality by stimulating
and supporting a commitment to equality”
14
Equal Status Acts
2000-2010
The Equal Status Acts cover the 9 grounds:
1. Gender
2. Civil status (section 103 Civil Partnership and Certain Rights
and Obligations of Cohabitants Act 2010)
3. Family status
4. Age
5. Disability
6. Race
7. Sexual orientation
8. Religious belief &
9. Membership of the Traveller 15
Community
Equal Status Acts
2000-2010
The Acts apply to persons who:
• buy and sell a wide variety of goods
• use or provide a wide range of services
• obtain or dispose of accommodation
• attend at, or are in charge of, educational
establishments
16
What is a Good?
There is a very broad approach in terms of
what constitutes a good:
• Section 2 “goods” means any articles of
movable property
17
What is a Service?
Section 2 Equal Status Acts
“service” means a service or facility of any nature which is available to the
public generally or a section of the public, and without prejudice to the
generality of the foregoing, includes—
(a) access to and the use of any place,
(b) facilities for—
(i) banking, insurance, grants, loans, credit or financing,
(ii) entertainment, recreation or refreshment,
(iii) cultural activities, or
(iv) transport or travel,
(c) a service or facility provided by a club (whether or not it is a club holding
a certificate of registration under the Registration of Clubs Acts, 1904 to
1999) which is available to the public generally or a section of the public,
whether on payment or without payment, and
(d) a professional or trade service,
but does not include pension rights (within the meaning of the Employment
Equality Act, 1998 ) or a service or facility in relation to which that Act
applies;
18
Equal Status Acts
Definition of Disability
Disability is broadly defined to include:
• people with physical disabilities
• intellectual or learning or cognitive disabilities
• emotional disabilities &
• a range of medical conditions.
19
Equal Status Acts
Definition of Disability
Section 2 of the Equal Status Acts defines disability:
“disability” means—
(a) the total or partial absence of a person's bodily or mental
functions, including the absence of a part of a person's body,
(b) the presence in the body of organisms causing, or likely to
cause, chronic disease or illness,
(c) the malfunction, malformation or disfigurement of a part of a
person's body,
(d) a condition or malfunction which results in a person learning
differently from a person without the condition or malfunction, or
(e) a condition, disease or illness which affects a person's thought
processes, perception of reality, emotions or judgement or which
results in disturbed behaviour;
20
Discrimination
21
Equal Status Acts &
Reasonable Accommodation
The Equal Status Acts
•
Requires the provision of reasonable accommodation of persons with
disabilities.
•
Specifies that the failure to provide reasonable accommodation is a
form of discrimination.
•
In the Equal Status Act reasonable accommodation is defined as the
provision of a special treatment or facility, where without such special
treatment or facility it would be impossible or unduly difficult for the
person to avail of the service.
•
A refusal to provide such a treatment or facility will not amount to
discrimination where it gives rise to more than a nominal cost.
•
In Roche v Alabaster Associates Limited t/a Madigans (DEC-S 2002-086)
it was held that refusing access to premises to a person accompanied by
a guide dog amounted to discrimination for a failure to provide
reasonable accommodation.
22
Equal Status Acts &
Reasonable Accommodation
• In Forrestal v Hearns Hotel, Clonmel (DEC-S2001018) it was held to be discrimination not to allow
a wheelchair user access to a nightclub.
• In Six Complainants v a Public House (DECS2004-009-014) only one of the six complainants
was disabled, the other five complainants claimed
discrimination
by
association.
The
six
complainants were successful in raising a case
of prima facie discrimination arguing and that
the respondent failed to reasonably accommodate
all six complainants.
23
Equal Status Acts &
Reasonable Accommodation
• In Mr Pat Hallinan v Moy Valley Resources
I.R.D. North Mayo-West Sligo Ltd (DECS2008-025) the Equality Officer stated that
the onus is on the respondent to demonstrate
how the provision of a special treatment or
facility would create more than a nominal
cost to it.
24
What is Prohibited?
Discrimination is prohibited (subject to certain
exemptions):
• when they are providing goods and services
to the public (or some members of the public)
• regardless of whether the goods and services
are free or whether the goods and services
are sold, hired or rented or exchanged
• access to and the use of services is covered
25
What is
Discrimination?
There are different forms of discrimination e.g.
direct discrimination, indirect discrimination,
discrimination by imputation and discrimination
by association.
26
Direct Discrimination
Direct discrimination is defined as the
treatment of a person in a less favourable way
than another person is, has been or would be
treated, in a comparable situation on any of
the nine grounds which:
•
•
•
•
exists
existed
may exist in the future or
is imputed to the person concerned
27
Indirect
Discrimination
Indirect discrimination happens where there is less
favourable treatment by impact or effect.
Indirect discrimination happens where people refused a
service not for a discriminatory reason, but because of a
provision, practice or requirement that they find hard to
satisfy.
• For example, if a local authority decided not to make
information available in an accessible manner to save
money – it could be indirectly discriminatory in respect of
persons with disabilities.
• N.B. If the service provider can prove that the provision is
objectively justified by a legitimate aim and the means
of achieving that aim are appropriate and necessary,
then it conduct might not amount to indirect
discrimination.
28
Example of Indirect
Discrimination
Seán Thompson v Iarnród Éireann (DEC-S2009-015).
•
Mr Thompson, who has a visual impairment, commuted to work by Dart
using a free travel pass issued by the Department of Social and Family Affairs
(DSFA).
•
He claimed that he was being discriminated against by Iarnród Éireann on
grounds of disability.
•
As he was required to queue for a travel ticket on each day of travel.
•
He was prohibited from getting his ticket in advance (for example the
evening before) as other customers who do not have a free travel pass were
allowed to do.
•
Iarnród Éireann operated a “same day only” restriction on travel tickets for
persons with a disability who are in possession of a DSFA free travel pass.
•
Mr Thompson claimed that the restriction on travel tickets for persons with
a disability constituted discrimination under the Equal Status Acts and
failure to provide reasonable accommodation.
29
Thompson v Iarnród
Éireann
What did the respondents argue?
• Iarnród Éireann argued that there was a
problem with fraudulent use of free travel
passes & the practice complained of
safeguarded against this.
• However no evidence of such fraud was
produced by the respondents.
30
Thompson v Iarnród
Éireann
What did the Equality Officer find?
• The Equality Officer found that a prima facie case of
indirect discrimination
• The respondent had failed to provide reasonable
accommodation in accordance with Section 4 of the
Equal Status Acts.
• Complainant awarded €750 in compensation as
redress for the inconvenience caused.
• The respondent was ordered to review its policy in
terms of the requirement for the holders of free travel
passes to present at the ticket office on each day of
travel in order to ensure that the policy is in full
compliance with the Equal Status Acts.
31
Discrimination by
Association
• Discrimination by association arises where a
person associated with another person
(identified to the discriminatory ground(s)) is
treated less favourably on the basis of that
association.
• For example, a person with a disability is
refused access to a shop on the basis that
they have a disability and their friend is also
refused access – both persons are entitled to
receive protection under the Equal Status
Acts.
32
Discrimination by
Association
In McMahon and five others v McGowan’s Pub (Circuit Court, 23 June 2005).
•
The complainant alleged that he was directly discriminated against and that there
had been a failure to reasonably accommodate him. The complainant has an
intellectual disability which affected his balance, speech and communication. He
went with five members of his family to the respondent’s premises to celebrate his
mother’s 50th birthday. The doorman refused the complainant having determined
that he was under the influence of alcohol and refused the entire group access
because of this. The complainant was upset and distressed as he believed he spoiled
a family night out, equally the family were upset at the embarrassment caused to
him and the effect this even had on his self-confidence.
•
The Tribunal accepted that he raised a prima facie case of direct discrimination and
found that the complainant had been discriminated against on the grounds of his
disability and the remainder of the family had been discriminated against based on
their association with the complainant. The Tribunal further found that the service
provider had failed to provide a reasonable accommodation. The accommodation
required by the Tribunal was that a licensed premises should be aware of the
possibility for reasons other than drunkenness that may affect a person's
demeanour. The Tribunal held that the complainant group were refused admission to
the premises without the provision of the normal accommodation afforded to
patrons, which was for the doorman to engage in conversation with the patrons to
ascertain whether they were intoxicated, he did not do so with the complainant. Had
the doorman engaged the complainant in such a conversation it would have been
apparent that he was not in fact intoxicated.
33
Discrimination by
Association
• This decision was appealed to the Circuit Court, the
respondent sought to have this case heard in
private but was not successful.
• Judge Delahunt of the Circuit Court held that the
appellant had acted in good faith and was not guilty
of discrimination. The Judge held that where a
person seeks reasonable accommodation under the
Equal Status Act 2000 he must first prove that the:
“service provider had actual or implied knowledge of
the disability and disregarded such knowledge either
intentionally or unintentionally in order to succeed in
a claim.”
34
Other Issues
35
Advertising
Section 12 of the Equal Status Acts
12.—(1) A person shall not publish or display or cause to be
published or displayed an advertisement which indicates an
intention to engage in prohibited conduct or might reasonably be
understood as indicating such an intention.
(2) A person who makes a statement which the person knows to be
false with a view to securing a publication or display in
contravention of subsection (1) shall, upon the publication or
display being made, be guilty of an offence.
(3) In subsection (1), “advertisement” includes every form of
advertisement, whether to the public or not and whether in a
newspaper or other publication, on television or radio or by display
of a notice or by any other means, and references to the publishing
or display of advertisements shall be construed accordingly.
36
Victimisation
Victimisation is expressly prohibited under the Equal
Status Acts.
What is victimisation?
It occurs in circumstances where adverse treatment
by a provider of goods and services, by a provider
of
accommodation,
or
by
an
educational
establishment or club is made as a consequence of:
• having made a complaint of discrimination to the
Equality Tribunal
• having been a witness in proceedings under the
Equal Status Acts
37
Vicarious Liability
What is vicarious liability?
• Employers are liable for discriminatory acts of
an employee in the course of his or her
employment, unless they can prove that they
took reasonably practicable steps to
prevent the conduct.
• See section 42 of the Equal Status Act 2000
38
Positive Action
• Section 14 provides that nothing within the Act shall
prohibit preferential treatment or the taking of
positive measures which are bona fide intended to:
promote equality of opportunity for persons who are, in
relation to other persons, disadvantaged or who have
been or are likely to be unable to avail themselves of the
same opportunities as those other persons; cater for the
special needs of persons, or category of persons, who,
because of their circumstances, may require facilities,
arrangements, services or assistance not required by
persons who do not have those special needs.
• Section 16 also permits preferential fee charges in
respect of goods and services in respect of persons with
a disability or in specific age groups.
39
Exemptions
40
General Exemptions
The Acts allow people to be treated differently
on any of the grounds in relation to the
following:
• Insurance
• Wills and gifts
• Promotion of special interests
• Special needs
41
Specific Exemptions
There are a range of exemptions to the
Equal Status Acts:
The Acts allow people to be treated differently
on the basis of their gender, age, disability
or nationality vis a vis the provision or
organisation of sporting facilities or events.
However, only where the differences are
reasonably necessary and are relevant.
42
Specific Exemptions
The Equal Status Acts allow people to be
treated differently on the gender, age, disability
or race ground in connection with a dramatic
performance or other entertainment but
only if the differences are reasonably
required for reasons of authenticity,
aesthetics, tradition or custom.
43
Discriminating Clubs
• See section 8 on discriminating clubs
44
Discriminating Clubs
9.—(1) For the purposes of section 8 , a club shall not be considered to be a discriminating club by reason
only that—
(a) if its principal purpose is to cater only for the needs of—
(i) persons of a particular gender, marital status, family status, sexual orientation,
religious belief, age, disability, nationality or ethnic or national origin,
(ii) persons who are members of the Traveller community, or
(iii) persons who have no religious belief,
it refuses membership to other persons,
(b) it confines access to a membership benefit or privilege to members within the category of a particular
gender or age, where—
(i) it is not practicable for members outside the category to enjoy the benefit or
privilege at the same time as members within the category, and
(ii) arrangements have been made by the club which offer the same or a reasonably
equivalent benefit or privilege both to members within the category and to members outside the category,
(c) it has different types of membership, access to which is not based on any discriminatory ground,
(d) for the purpose of reducing or eliminating the effect of any rule or practice of the club (whether adopted
before or after the commencement of this section) restricting access to particular types of membership to
persons of a particular gender it offers concessionary rates, fees or membership arrangements to persons
who were or are disadvantaged by any such rule or practice, or
(e) it provides different treatment to members in the category of a particular gender, age, disability,
nationality or national origin in relation to sporting facilities or events and the different treatment is relevant
to the purpose of the facilities or events and is reasonably necessary.
(2) For the purposes of section 8 , a club shall not be considered to be a discriminating club by reason only
that it—
(a) has, for the principal purpose of promoting equality, a reserved place or places on its board or
committee of management for persons who are members of a particular category, or
(b) takes other measures for the principal purpose of obtaining a more equal involvement in club matters of
persons who are members of a particular category.
45
Equality Authority v Portmarnock
Golf Club [IESC 73 (2009)]
46
Equality Authority v
Portmarnock Golf Club [IESC 73
(2009)]
• The Supreme Court held that Portmarnock
Golf Club was not a discriminating club under
the Equal Status Acts
• Women
were
permitted
to
play
at
Portmarnock but were not entitled to become
full members.
• The Supreme Court majority of three to two,
the Supreme Court upheld a 2005 High Court
decision that is was not a discriminating club
as it came with the exemption in section 9 of
the Equal Status Acts.
47
Equal Status Acts &
Education
48
Education
• The Equal Status Act 2000 refers to educational establishments at
section 7.
• “Educational establishment” is broadly defined covering pre-school
services through to higher-level institutions, regardless of whether
or not they are supported by public funds.
• If an organisation provides education (public & private) they are
covered by the Act.
• Discrimination on all nine grounds is prohibited in respect of:
admission to the terms or conditions of admission of a person as a
student to the establishment; the access of a student to any course,
facility or benefit provided by the establishment; any other term or
condition of participation in the establishment by a student, or the
expulsion of a student from the establishment or any other sanction
against the student.
49
Education
• Section 7(4)(b) of the Equal Status Acts
excludes the provision of the Act in relation to
the provision of education where compliance
with the non-discrimination provisions would
make it impossible or have a seriously
detrimental effect on the provision of
education to other students.
50
Education
• The Education system provides a complaints
procedure by virtue of the Education Act
1998.
• This system addresses issues such
enrolment, suspension or removal
children from a school.
as
of
• Therefore, the use of anti-discrimination
legislation is not a first option for those who
find discrimination in the education system.
51
EDUCATION
Note
that
section
4(1)
re
reasonable
accommodation is limited by section 4(5) of the
Act which provides:
This section is without prejudice to the provisions
of sections 7(2)(a) , 9(a) and 15(2)(g) of the
Education Act, 1998 , in so far as they relate to
functions of the Minister for Education and
Science, recognised schools and boards of
management in regard to students with a
disability.
52
Education
Cahill v Minister for Education (High Court,
June 2010)
• In June 2010, the High Court upheld the
practice of annotating (flagging) the test
scores of a student with dyslexia who had
received certain accommodations in their
Leaving Certificate examinations in 2001.
• In October, Mr Justice Eamon de Valera, in
the High Court, also made an order of costs
against the applicant.
53
Education
The High Court accepted the Department of
education’s argument that the absence or
deletion of the annotation of the applicants
transcript would amount to a misrepresentation
to employers or other persons who might rely
on the document, and would also call the
integrity of the exam into question.
54
Equal Status Acts &
Education
“The Equal Status Act 2000: A Brief Guide for
Students with Disabilities” (Dublin: Association
Higher Education Access & Disability, 2000).
Available at:
http://www.ahead.ie/userfiles/file/shop/free/EqualStatusAct2000factsheet.pdf.
55
Equal Status Acts &
Housing
56
Housing
• Section 6(1) of the Equal Status Acts prohibits discrimination
in the disposing of any estate or interest in premises, in respect
of terminating any tenancy or other interest in the property, or
in the provision of accommodation, or amenities related to such
accommodation.
• The provision does contain a number of exceptions, the first
relates to accommodation that is being provided in a person’s
home, that is that the “provision of accommodation affects the
person’s private or family life or that of any other person
residing in the home.”
• Another such exception relates to accommodation that is
reserved for a particular category of people, and this may
relate to one of the discriminatory grounds, such as a residential
centre for people with disabilities, or a nursing home for older
persons.
57
Housing
• Section 6(6) of the Equal Status Acts provides
that nothing in the Act shall be construed as
prohibiting housing authorities pursuant to their
functions under the Housing Acts 1966-1998 or
the Housing (Miscellaneous Provisions) Act 1992
from providing in respect of housing different
treatment to person based on family size,
family status, civil status, disability, age or
membership of the Traveller community.
• This provision allows local authorities to
prioritise in favour of the categories of
persons outlined in the subsection, including
persons with disabilities.
58
Housing
In a judgment in the Circuit Court appeal in
Dublin City Council v Deans Judge Hunt stated
that section 6(6) could not be construed as:
“exempting a housing authority in its entirety
from all application of equality legislation.
It
appears to me simply to provide that a housing
authority is entitled to base its priorities and its
housing plan on different treatment to persons
based on family size, family status and other
considerations set out in the subsection”.
Decision of the Circuit Court, Hunt J, 15 April
2008.
59
Housing & Reasonable
Accommodation
A Complainant v A Local Authority (DEC-S2007-049)
• Ms C applied for an extension to her mid-terrace property under
the Disability Persons Alteration Scheme, her son has autism. Her
initial application was rejected due to her son’s disability not falling
within the scope of the Scheme. After two appeals, the application
was eventually approved by the Director of Public Health and
Medicine in 2004 and was given a level 3 priority rating, meaning
low level of need.
• The Complainant was told by the Respondent that the Respondent’s
architect reported that extending Ms. C’s premises would not be
feasible. However, the Complainant later found out, following a
request under the Freedom of Information Act, that the architect’s
report showed that an extension was feasible. In the same year
(2004), the local authority ceased making extensions to midterrace properties as a matter of policy. Applicants, including Ms. C,
who lived in such dwellings, were subsequently invited to apply for
transfer to alternative accommodation.
60
Housing & Reasonable
Accommodation
Re reasonable accommodation: the respondent stated that it had provided a
home to the complainant and her son. The Equality Officer described it as:
“the provision, by any service provider, of any/all reasonable treatment or
facilities without which it would be unduly difficult or impossible for a
disabled person to avail of the service in question.”
The service in this case was the processing and consideration of applications
under the Scheme, and subsequently carrying out property alterations or
providing alternative accommodation, where applicable. The Equality Officer
found that the treatment of Ms. C’s application did not satisfy the
requirement to provide reasonable accommodation because the extent of L’s
disability was not taken into account. Compensation of €6,350 was awarded
to the Complainant, and the Equality Officer also ordered the Local Authority
to remedy the effects of the delay in their decision making process by
extending L’s home or by re housing him and his family within 12 months.
Orders were also made that the Respondent should draw up and publish
comprehensive policies with regard to the Scheme.
61
Making a Claim
62
Making a Claim
• The Equality Tribunal, District Court and
Circuit Court have roles in relation to claims
under the Equal Status Acts 2000–2010.
• Claims in relation to discriminating clubs
are heard by the District Court.
• All other claims under the Equal Status Acts
are brought before the Equality Tribunal
which is the quasi-judicial body – its remit
to investigate, mediate, hear and decide
claims under the Equal Status Acts.
63
Making a
Claim: Step
1
64
Making a Claim: Step 1
Step 1: Written notification:
• Section 21(1) of the Equal Status Act
provides that a complainant must instigate
proceedings within two months of the
discriminatory act. This involves sending a
written
notification
to
the
alleged
discriminator.
• This system has proved problematic for a
number of protected groups.
65
Making a Claim: Step 1
Written notification can be done by acquiring and
filling out form ES.1 accompanied by ES.2 for a
reply.
• Available at: www.equalitytribunal.ie
• Or a complainant can write to the Equality
Authority for a form
• Written notification must be sent.
• Equality Authority recommends obtaining a
certificate of posting from the post office as proof
of postage and to keep a copy of the written
notification.
66
Making a Claim: Persons with
Intellectual or Psychological
Difficulties
• A parent, guardian or other person acting
in place of a parent can be the complainant
where a person is unable by reason of an
intellectual or psychological disability to
pursue a claim effectively.
67
Making a Claim: Step 2
• If there is no response within 1 month or if
the reply is unsatisfactory, the complaint
should be referred to the Equality Tribunal
within six months of the discrimination.
• The claim can be referred by acquiring and
filling out form ES.3.
• You must lodge claim with the Equality
Tribunal.
68
Making a Claim: Step 2
The Director of the Equality Tribunal for reasonable
cause can decide to:
• extend the period of written notification from two to
four months &
• extend the 6 month time limit to 12 months
• Only in exceptional circumstances can the Director
may waive some or all of the written notification
requirements.
69
Making a Claim: Step 3
Mediation
• The Director of the Equality Tribunal can
decide (with the consent of both parties) to
appoint a mediation officer.
• If the mediation achieves a settlement
between both parties then the terms are
legally enforceable.
70
Making a Claim: Step 3
Investigation
• When mediation is unsuccessful the Director
of the Equality Tribunal appoints an
Equality Officer to investigate, hear and
decide the claim.
• Investigations are carried out in private.
• The Equality Officer will issue a decision
that is legally binding.
71
Making a Claim: Step 3
Representation and costs
• A complainant can represent themselves or
be represented by a lawyer, trade union,
community
group
or
other
representative.
• Generally costs are not awarded.
• However, travel costs and other expenses
(except expenses of representatives) can be
awarded where a person obstructs or
impedes the investigation or appeal.
72
Making a Claim: Step 3
Remedies
• If there is a finding in favour of the
complainant, compensation can be awarded
of up to a maximum of €6,350.
• The Equality Officer can also order
respondents to take specified courses of
action.
73
Making a Claim: Step 3
When can an application be struck out?
• The Director of the Equality Tribunal can
dismiss a claim if they consider that it has
been lodged in bad faith, or is frivolous,
vexatious or misconceived or relates to a
trivial matter or where it appears that the
complainant has not pursued their claim
(after a year).
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Making a Claim: Step 3
What About Appeals?
• All decisions made (including decisions on
time limits and striking out of the claim) can
be appealed to the Circuit Court.
• The appeal must be lodged no later than 42
days from the date of the decision.
• There is no further right of appeal except to
the High Court on a point of law.
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Making a Claim: Step 3
Enforcement
• Decisions of the Director of The Equality
Tribunal or a mediation settlement which has
not been complied with, can be enforced
through the Circuit Court.
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Equality Authority
Website
Useful Resources:
• Your Equal Status Rights Explained
• Your Employment Equality Rights Explained
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Equal Status & the
European Union
What is coming down the tracks?
• Draft EU Directive on Services in the Internal
Market
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Thank you for your
attention
Charles O’Mahony:– c.omahony3@nuigalway.ie
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