On 26 October 2024 Judge John O’Connor of the Circuit Court determined that a company cannot bring an action for discrimination under the Equal Status Act 2000-2018 (the “Act”). The case was brought by XTX Markets Technologies Limited, the Complainant, against Aviva Investors Liquidity Funds PLC, the Respondent.
The Complainant, a limited liability company registered in the United Kingdom, alleged discrimination against them on the grounds of race, contrary to the Act. The CEO of the Complainant company became a British citizen in 2016 and was a Russian citizen until December 2022. The Complainant alleged it was denied a service by the Respondent by reason of nationality of the Complainant company’s CEO. The case was initially heard before the Workplace Relations Commission, who found that the Complainant, as a private limited company, did not have sufficient standing to make a claim under the Act.
The Complainant argued before the Circuit Court that the Act provides a definition of ‘person’ in relation to those who have suffered discrimination, therefore a company could make a claim under the Act. Additionally, the Complainant submitted that, under the Interpretation Act 2015 (the “2015 Act”), the definition of ‘person’ includes a body corporate. The Complainant added that Directive 2000/43/EC (the “Race Directive”) specifically provides protection from discrimination to corporate entities. The Complainant argued that the Act should be interpreted broadly to include companies within its scope.
The Respondent submitted that a private limited company does not have a sufficient standing to make a claim of discrimination. The Respondent argued that the Act only regards a corporate entity as a possible perpetrator of discrimination, not as a possible victim. The Respondent submitted authorities both from the WRC and the Equality Tribunal to support their claim that a company cannot be regarded as having a protected characteristic, and therefore a company cannot be discriminated against.
In his judgment, O’Connor J noted that the question was not whether a company could suffer discrimination, but rather whether a company can bring an action for discrimination under the Act. O’Connor J held that a company cannot. In his judgment, he stated that it is up to the Oireachtas, not the courts, to determine legislation. He noted that, had the Oireachtas intended to grant corporate entities the right to bring a discrimination claim under the Act, they would have done so in clear and unambiguous terms, which they did not. As such, O’Connor J determined that a company does not have standing to bring a claim under the Act and upheld the decision of the WRC.
To read the full judgment click here.