What is Equal Status (ES)?

The Equal Status Act 2000 says that you cannot be discriminated against directly or indirectly in the provision of a wide range of goods, services (including health services), accommodation, facilities for refreshment, entertainment, credit and banking facilities and education.

When should you complain?

Complaint must be made initially to the service provider within two months.

Why should you complain?

When you are discriminated against, harassed, sexually harassed, victimised or unequally paid or treated, on the following grounds:

Gender (male or female).

Marital status (single, married, separated, divorced or widowed).

Family status (parent/person in loco parentis of children or parent/primary carer of person needing continuous care).

Sexual orientation (heterosexual, homosexual or bisexual orientation).

Religion (religious belief/background or lack of belief).

Age (the act excludes under18s on age grounds, but they can complain on the other grounds. There is no maximum age limit).

Disability (physical or mental disorders, disfigurement, the presence in the body of organisms causing, or likely to cause, chronic disease, learning disabilities).

Race (colour, nationality, ethnic or national origins).

Membership of the Traveller community.

What does the Office of the Director of Equality Investigations do?

It investigates or mediates, occasionally both. An investigation is a quasi-judicial process carried out by an Equality Officer who will consider submissions from both parties before arranging a joint hearing or hearings of the case to enable him/her to reach a decision on the matter. Investigations are conducted by trained Equality Officers who have extensive powers to enter premises and to obtain information to enable them to conduct an investigation. Decisions are binding and are published. Mediation is an internationally recognised process carried out by a trained Equality Mediation Officer who will assist disputants to reach a mutually acceptable agreement. Mediation agreements are binding and confidential.

How much will I get?

You won't get rich: the maximum award is £5,000 (the maximum currently awarded by the District Court. If the District Court level increases, the equality office's award limit will also rise). The respondent may also be ordered to take a specific course of action regarding policy or facilities to accommodate all people equally, so, if successful, you'll have the satisfaction of hard, social change.

Can I get in trouble for complaining?

There is specific protection in the Act against victimisation as a result of making a complaint to the office.

Where do I get advice?

The Equality Authority, a distinct and separate body, has a mandate to work towards the elimination of discrimination and the promotion of equality of opportunity, which can include advising and representing complainants in the referral of cases to the Office of the Director of Equality Investigations. The Equality Authority is at 2 Clonmel Street, Dublin 2; tel 01-4173333 or locCall 1890-2455-45. Further information from your trade union, support group or solicitor, or online at www.equality.ie, or the Office of Director of Equality Investigations Website: www.odei.ie LoCall 1890 34 44 24.