The Equal Status Acts 2000–2018 (the
“Acts”) promote equality and prohibit discrimination in the provision of goods
and services, including accommodation. They apply to individuals and
organisations offering property or related services to the public.
It is unlawful to discriminate on the
following ten protected grounds:
●
Gender (including gender identity
and reassignment)
●
Civil status
●
Family status
●
Sexual orientation
●
Religion
●
Age
●
Disability
●
Race
●
Membership of the Traveller
community
●
Housing assistance (e.g. rent
supplement or HAP)
Discrimination can include harassment,
victimisation, or failure to reasonably accommodate people with disabilities.
Positive action measures are also permitted under the Acts to improve access
for disadvantaged groups.
This legislation gives effect to:
●
Directive 2000/43/EC (Race
Equality Directive)
●
Directive 2004/113/EC (Gender
Goods and Services Directive)
In the property sector, the Acts classify
rental accommodation as a “service”. Any language indicating a discriminatory
preference (e.g. “no rent allowance”) may constitute a breach of the law.
All parties involved in advertising or
providing accommodation — including landlords, agents, and online platforms —
must avoid publishing content that:
●
Expressly indicates an intention
to discriminate; or
●
Could reasonably be understood as
such.
Discriminatory phrases (e.g. “working
professionals only”) are prohibited. Liability may apply to all parties
involved in the listing, even if acting on a client’s instructions.
Neutral, inclusive language should always
be used.
Discrimination is prohibited under Irish
law if based on:
●
Gender – Includes male, female, and
transgender individuals.
●
Civil Status – Single, married, divorced,
widowed, civil partners.
●
Family Status – Parents, guardians, carers of
children or adults with disabilities.
●
Sexual Orientation – Heterosexual, homosexual,
or bisexual.
●
Religion – Any religion or none.
●
Age – Applies from age 18 and over in
accommodation.
●
Disability – Covers physical, intellectual,
sensory, and mental health conditions.
●
Race – Includes race, nationality, ethnic or
national origin.
●
Traveller Community – Cultural identity and
traditions are protected.
●
Housing Assistance – Includes recipients of
rent supplement or HAP.
Victimisation is also unlawful and includes penalising someone for making or
supporting a complaint under the Acts.
Direct
Discrimination: Less favourable treatment because of a
protected characteristic — real, past, future, or perceived.
Discrimination
by Association: Discriminating against someone because
they are connected to a person with a protected characteristic.
Indirect
Discrimination: Neutral policies that
disproportionately affect protected groups, unless objectively justified.
Procuring
Discrimination: It is unlawful to instruct, encourage,
or assist someone else to discriminate.
It is illegal to harass or sexually
harass individuals in relation to accommodation.
Harassment is any unwanted conduct related to a protected ground that violates
dignity or creates an offensive environment.
Sexual
Harassment includes:
●
Unwanted comments or advances
●
Inappropriate gestures or messages
●
Unwelcome contact or threats
●
Circulating offensive content
(online or offline)
Accommodation providers must take reasonable steps to prevent harassment
— such as clear reporting processes and prompt action on complaints.
Service providers must make reasonable
changes to allow access for persons with disabilities. This may include:
●
Accessible communication or
formats
●
Adjusting procedures or layouts
●
Providing additional support
Unless the cost exceeds a nominal threshold, such accommodations
must be provided. Public funding may be considered in this assessment.
Health and safety can be a valid
exception only where risk is serious and objectively justifiable.
The Acts allow positive action to support equality. This may include:
●
Targeted services or offers for
underrepresented groups
●
Preferential access based on need
●
Special discounts or
accommodations
Such measures are lawful where
proportionate and aimed at advancing inclusion.
The Acts prohibit any advertisement that:
●
Shows an intention to
discriminate; or
●
It could be reasonably understood
that way.
Examples:
●
“No HAP accepted”
●
“Single professionals only”
Joint
liability may apply to advertisers and publishers —
including property agents, landlords, or platforms like Eirehome.
Complaints may be referred to:
●
Irish Human Rights and Equality
Commission (IHREC)
●
Workplace Relations Commission
(WRC)
It is illegal to discriminate in:
●
Selling or letting accommodation
●
Providing or withdrawing housing
services
●
Ending tenancies or refusing
access
Applies to public offerings and
designated public categories.
Covers both direct and indirect
discrimination.
The Acts recognise specific exemptions,
including:
○
Religious or gender-specific
groups
○
Victims of domestic violence
○
Persons with disabilities or in
nursing homes
○
Homeless shelters
○
Required by law
○
Distribution of property by will
or gift
