DEC-S2002-053-056
OFFICE OF THE DIRECTOR OF EQUALITY INVESTIGATIONS
Equal Status Act 2000
EQUALITY OFFICER'S DECISION NOs: DEC-S2002-053 / 056
Eileen Delaney, Hannah Carthy, Cathleen O'Reilly and Margaret O'Reilly
(represented by Ms Carmel O'Connor)
v
The Harp Bar, Kilkenny
(represented by James Cody & Sons)
File No. ES/2001/376, 383, 390 & 397
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) - Burden of Proof - Refusal of service in pub - Risk of disorderly behaviour - Action taken in good faith, section 15(2)
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 The Harp 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 the Harp Bar on 19 January 2001, they were refused service by the manager, Mr Henderson, who verbally abused them and told them to leave. The complainants claim that they were refused service on the grounds of their membership of the Traveller community. The respondent denies that he operates a discriminatory policy against Travellers. He maintains that the complainants were unknown to him and, because he had been assaulted by four unknown male Travellers three weeks earlier, he feared that the women may be the wives of the aforementioned, and that the four males were about to follow the women into the pub. The respondent maintains that he acted in good faith in refusing service to the complainants.