Equal Status Act, 2000
Interpretation. |
2.—(1) In this Act, unless the context otherwise requires— | |
“Authority” means the Equality Authority; | ||
“Director” means the Director of Equality Investigations appointed under section 75 (1) of the Employment Equality Act, 1998 ; | ||
“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; | ||
“discriminate” means to discriminate within the meaning of section 3 (1) or 4(1); | ||
“discriminatory grounds” has the meaning given by section 3 (2); | ||
“family status” means being pregnant or having responsibility— | ||
(a) as a parent or as a person in loco parentis in relation to a person who has not attained the age of 18 years, or | ||
(b) as a parent or the resident primary carer in relation to a person of or over that age with a disability which is of such a nature as to give rise to the need for care or support on a continuing, regular or frequent basis, | ||
and, for the purposes of paragraph (b), a primary carer is a resident primary carer in relation to a person with a disability if the primary carer resides with the person with the disability; | ||
“goods” means any articles of movable property; | ||
“marital status” means being single, married, separated, divorced or widowed; | ||
“the Minister” means the Minister for Justice, Equality and Law Reform; | ||
“near relative” means a spouse, lineal descendant, ancestor, brother or sister; | ||
“person”, as that term is used in or in relation to any provision of this Act that prohibits that person from discriminating or from committing any other act or that requires a person to comply with a provision of this Act or regulations made under it, includes an organisation, public body or other entity; | ||
“premises” includes any immovable property; | ||
“proceedings”, when used without qualification, includes any referral, mediation or investigation under Part III but does not include criminal proceedings under this Act; | ||
“prohibited conduct” means discrimination against, or sexual harassment or harassment of, or permitting the sexual harassment or harassment of, a person in contravention of this Act; | ||
“refusal” includes a deliberate omission; | ||
“religious belief” includes religious background or outlook; | ||
“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; | ||
“sexual orientation” means heterosexual, homosexual or bisexual orientation; | ||
“Traveller community” means the 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. | ||
(2) In this Act, unless the contrary intention appears— | ||
(a) a reference to a section or Part is to a section or Part of this Act, | ||
(b) a reference to a subsection, paragraph or other subdivision is to the subsection, paragraph or subdivision of the provision in which the reference occurs, and | ||
(c) a reference to an enactment is to that enactment as amended by or under any other enactment, including this Act. |