DEC-S2002-049-052
OFFICE OF THE DIRECTOR OF EQUALITY INVESTIGATIONS
Equal Status Act 2000
EQUALITY OFFICER'S DECISION NOs: DEC-S2002-049 / 052
Eileen Delaney, Hannah Carthy, Cathleen O'Reilly and Margaret O'Reilly
(represented by Ms Carmel O'Connor)
v
Matt the Millars, Kilkenny
(represented by James Cody & Sons)
File No. ES/2001/381,388,395 & 402
Date of Issue 31/05/2002
Key words:Equal Status Act 2000 - Direct discrimination, section 3(1)(a) - Membership of the Traveller community, section 3(2)(i) - Supply of goods and services, section 5(1) - Refusal of service in pub - Burden of Proof
This dispute concerns a complaint by Eileen Delaney, Hannah Carthy, Cathleen O'Reilly and Margaret O'Reilly that they were discriminated against, contrary to the Equal Status Act 2000, by the manager of Matt the Millars Bar, Kilkenny in not being provided with a service which is generally available to the public contrary to Section 5(1) of the Act.
The complainants state that when they entered Matt the Millars on 19 January 2001, they were refused service by a barman and told to leave. The complainants claim that they were refused service on the grounds of their membership of the Traveller community. The respondents deny that they operate a discriminatory policy against Travellers. They maintain that the complainants were refused service because of their behaviour on entering the pub.