IrelandEqual Status Act 2000, discrimination on the ground of disability in the provision of services, and the duty to accommodate
Equal Status Act 2000 (No. 8 of 2000), ss. 2, 4, 5(1), 21 and 27
In force since .
A disability discrimination rule binding public and private bodies.
- Private right of action
- Yes
- Instrument type
- an act of a legislature
As of .
What it requires
- The Act names no technical standard for a website or app: the duty is the ban in section 5(1) on discriminating in providing a service, with section 4(1) treating as discrimination a failure to do all that is reasonable to accommodate the needs of a person with a disability.
- If you provide a service to the public generally or a section of the public, whether for payment or not, do not discriminate on the ground of disability in providing it (s. 5(1)).
- Do all that is reasonable to accommodate the needs of a person with a disability by providing special treatment or facilities, where without them it would be impossible or unduly difficult for the person to avail of your service (s. 4(1)).
- A refusal or failure to provide the special treatment or facilities is not deemed reasonable unless providing them would give rise to a cost to you other than a nominal cost (s. 4(2)).
- If a person claims you discriminated against them, the case can be referred to the Director of the Workplace Relations Commission, who may order compensation of up to the maximum the District Court could award in civil cases in contract, or an order that you take a specified course of action (ss. 21(1) and 27).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
The Director of the Workplace Relations Commission, to whom a person who claims prohibited conduct has been directed against them refers the case for redress
What this law does
Section 5(1) provides that a person shall not discriminate in disposing of goods to the public generally or a section of the public or in providing a service, whether the disposal or provision is for consideration or otherwise.
The Act defines a service as a service or facility of any nature which is available to the public generally or a section of the public, and the definition includes facilities for banking, insurance, grants, loans, credit or financing, entertainment, recreation or refreshment, cultural activities, and transport or travel.
Section 4(1) provides that discrimination includes a refusal or failure by the provider of a service to do all that is reasonable to accommodate the needs of a person with a disability by providing special treatment or facilities, if without them it would be impossible or unduly difficult for the person to avail of the service.
Under section 4(2), a refusal or failure to provide the special treatment or facilities is not deemed reasonable unless providing them would give rise to a cost, other than a nominal cost, to the provider of the service.
A person who claims that prohibited conduct has been directed against them may seek redress by referring the case to the Director of the Workplace Relations Commission, who may order compensation of up to the maximum the District Court could award in civil cases in contract, or an order that a specified person take a specified course of action (sections 21(1) and 27).
When LexLint raises it
When your app profile says your app ships a consumer interface.