Property Advertisement Equality Guidelines
The Equal Status Acts 2000-2018
A guide to your rights if you are discriminated against in accessing goods or services
The Equal Status Acts 2000–2018 (the ‘Acts’):
• promote equality;
• prohibit certain kinds of discrimination (with some exemptions) across a number of specified grounds;
• 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 Acts also implement the following two EU Directives – the Race Directive and the Gender Goods and Services Directive.
Eirehome.ie would like to remind all agents of their responsibilities when advertising properties as outlined in the Equality Act 2000-2018.
Advertisers will be in breach of The Equality Act 2000-2018, if they include the words such as “no rent allowance accepted” in rental adverts.
Housing assistance has been also incorporated as a new ground for protection.
It means that people in receipt of housing assistance, rent supplement, or other social welfare payments can no longer be discriminated against in relation to the provision of accommodation.
The provision of private rented accommodation is considered a service under the Equal Status Acts 2000-2018 which prohibit discrimination, directly or indirectly, on the grounds outlined below:
The Acts apply to people who:
• buy and sell a wide variety of goods;
• use or provide a wide range of services;
• obtain or dispose of accommodation;
A. Obligations under the Equal Status Acts 2000-2018
Discrimination in the provision of accommodation services is prohibited by the Equal Status Acts 2000 - 2018 ("the ESA").
A person (this includes private persons, landlords, estate agents, and property agents) shall not publish or, display or cause to be published or displayed an advertisement which indicates an intention to engage in discrimination, or might reasonably be understood as indicating such an intention.
Both advertisers and property agents can be liable for discriminatory advertisements, on the instructions of property owners and/or landlords.
In the context of the provision of accommodation, and services and amenities relating to accommodation, there are ten protected grounds, these are:
The Gender ground: - Discrimination on the ‘gender ground’ happens where there is less favourable treatment of one person compared to another because one is male and the other is female. Under EU law a transgender person who experiences discrimination arising from their gender reassignment, or transition, is also protected under the gender ground.
The Civil Status ground: - Discrimination on the ‘civil status ground’ happens where there is less favourable treatment of one person compared to another person because they are of different civil status. ‘Civil status’ is defined as being single, married, separated or divorced, widowed, in a civil partnership or being a former civil partner in a civil partnership that has ended by death or been dissolved
The Family Status ground: Discrimination on the ‘family status ground’ occurs where there is less favourable treatment of one person compared to another person because one person has family status and the other does not or has a different family status. ‘Family status’ means being pregnant or having responsibility as a parent or person in loco parentis for a person under the age of 18 years or responsibility as a parent or resident primary carer of a person of 18 years or over with a disability requiring care or support.
The Sexual Orientation ground: Discrimination on the ‘sexual orientation ground’ happens where there is less favourable treatment of one person compared to another person because one has a different sexual orientation. ‘Sexual orientation’ is defined as heterosexual, bisexual or homosexual
The Religion ground: - Discrimination on the ‘religion ground’ happens where there is less favourable treatment of one person compared with another person because one has a different religious belief, background, or outlook from the other, or one has a religious belief, background or outlook and the other has not.
The Age ground: Discrimination on the ‘age ground’ occurs when there is the less favorable treatment of one person compared with another person because they are of different ages. ‘Age’ applies to people over 18 years of age, except for the provision of car insurance to licensed drivers under that age.
The Disability ground: - Discrimination on the ‘disability ground’ occurs where there is less favorable treatment of one person compared to another person because one has a disability and the other does not, or the other has a different disability. ‘Disability’ is defined broadly to include physical, intellectual, learning, cognitive, emotional or medical conditions.
The Race ground: Discrimination on the ‘race ground’ occurs where there is less favorable treatment of one person compared to another person because one person is of a different race, color, nationality, or ethnic or national origin than the other person.
The Traveller Community ground: Discrimination on the ‘Traveller community ground’ occurs when one person is treated less favorably than another because one is a member of the Traveller community and the other is not. ‘Member of the Traveller community’ means a member of a community of people who are commonly called Travellers and who are identified (both by themselves and others) as people with a shared history, culture, and traditions including, historically, a nomadic way of life on the island of Ireland.
The Housing Assistance ground: - Discrimination on the ‘housing assistance ground’ occurs where there is less favorable treatment of one person compared to another in the provision of accommodation, because one person is in receipt of a rent supplement, housing assistance, or any social welfare payment and the other is not. Protection from discrimination on the ‘housing assistance’ ground applies to accommodation only and does not extend to the provision of goods and services, educational establishments or clubs under the Acts.
The victimisation ground: - Discrimination on the ‘victimization ground’ occurs where there is less favorable treatment of one person compared to another because one person has sought redress, attended as a witness, opposed an unlawful act under the Acts, or given notice of an intention to take any of these actions and the other person has not
B. Types of discrimination prohibited under the ESA
Different types of discrimination are prohibited under the Acts, these include:
Direct discrimination:- This is defined as the treatment of a person in a less favorable 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: 1. the provision, criterion or practice is objectively justified by a legitimate aim; and 2. the means of achieving that aim are appropriate; and 3. the means of achieving that aim are necessary.
Procuring discrimination:- It is an offence under the Acts to procure or attempt to procure another person to engage in discrimination, harassment or sexual harassment.
C. Sexual Harassment and harassment
Sexual harassment and harassment in the provision of goods and services, accommodation and educational establishments is prohibited. A person (‘the harasser’) shall not harass or sexually harass another person (‘the victim’) in any of the following circumstances:
1. the victim uses or seeks to use goods or services provided by the harasser;
2. the victim obtains, or proposes to obtain, accommodation or related services from the harasser;
3. the victim is a student at, or has applied for admission to, or seeks to avail of any services offered by an educational establishment at which the harasser is in a position of authority.
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 that is an educational institution or where goods, facilities or services are offered to the public or a person who provides accommodation 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 from occurring.
D. Disability: Reasonable Accomodation
Discrimination on the ground of disability includes a refusal or failure by a service provider to do all that is reasonable to accommodate the needs of a disabled person by providing special treatment or facilities, if without such facilities it would be impossible or unduly difficult for the person to avail himself or herself of the service.
The following service providers must do all that is reasonable to accommodate the needs of a disabled person:
• a person selling goods or providing services;
• a person selling or letting accommodation or providing accommodation;
• educational establishments;
• clubs.
This involves providing special treatment or facilities in circumstances where, without these, it would be impossible or unduly difficult to avail of the goods, services, accommodation etc. However, they are not obliged to provide special facilities or treatment when this costs more than what is called a ‘nominal cost’.
What amounts to a ‘nominal cost’ will depend on the circumstances such as the size and resources of the body involved. If the State provides grants or aids for assisting in providing special treatment or facilities, there may be an onus on the service providers etc. to avail of these grants.
Where a person has a disability that could cause harm to the person or to others, treating the person differently to the extent reasonably necessary to prevent such harm does not constitute discrimination.
POSITIVE ACTION
The 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 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.
E. Discriminatory Advertisements
It is prohibited to publish, display, or cause to be published or displayed an advertisement which indicates an intention to discriminate or might reasonably be understood to indicate such an intention.
The Irish Human Rights and Equality Commission has the power to refer a complaint of discriminatory advertising to the Workplace Relations Commission (the ‘WRC’) for adjudication.
The WRC is the quasi-judicial body established to investigate, mediate, hear and decide claims of discrimination.
F. What is Prohibited?
The general rule is that there can be no discrimination on the specified grounds in relation to:
• disposing of any estate;
• terminating a tenancy;
• providing accommodation, or any accommodation related services or amenities; or
• ceasing to provide accommodation.
The premises or accommodation must be available to the public generally, or a section of the public.
EXEMPTIONS UNDER THE ACTS IN RELATION TO ACCOMMODATION
The Acts allow for people to be treated differently in certain circumstances:
Exemption under the gender ground
It is not discrimination under the Acts for accommodation to be provided to persons of one gender where embarrassment or infringement of privacy can reasonably be expected to result from the presence of a person of another gender.
Exemption under the housing assistance ground
It is not discrimination under the Acts for a landlord to make it a condition of the provision of the accommodation that rent supplement is paid directly to the landlord.
Exemptions on multiple grounds
Housing authorities and the Minister for Justice, in the provision of housing accommodation, can treat people differently based on family size, family status, civil status, disability, age, or membership of the Traveller community. The Minister for Justice can additionally treat people differently (in the provision of housing accommodation) on the basis of nationality and gender.
Exemptions for particular categories of persons
It is not discrimination under the Acts to reserve any premises or accommodation for the use of persons in a particular category of persons, including for:
• religious purposes;
• refuges;
• nursing homes;
• retirement homes;
• homes for persons with a disability; or
• hostels for homeless persons/or for a similar purpose.
Exemptions on all grounds
Law regulating the provision of accommodation
It is not unlawful to treat persons differently in connection with the provision of accommodation or amenities related to accommodation where the treatment is required by law regulating the provision of accommodation.
Wills/gifts
The Acts do not apply to the disposal of property by will or by gift.
A person’s home
The Acts do not apply to situations where a person is renting a room in their home (other than a separate and self-contained part) in circumstances where the provision of the accommodation affects the person’s private or family life or that of any other person residing in the home.
For more information visit: http://www.ihrec.ie/
