DEC-S2005/021 Full Case Report

Margaret Ward V Maloney’s Bar, Galway

Headnotes

Equal Status Act, 2000 - Direct discrimination, Section 3(1)(a) – Traveller Ground, Section 3(2)(i) –  Disposal of goods and supply of services, Section 5(1) - Prima facie case. 

1.         Dispute

1.1       This dispute concerns a claim by Margaret Ward that on 26 July 2002, she was treated in a discriminatory manner by the respondent.  The complainant referred a claim to the Director of Equality Investigations under the Equal Status Act 2000.  In accordance with her powers under section 75 of the Employment Equality Act 1998 and under the Equal Status Act 2000, the Director then delegated the case to me, Dolores Kavanagh, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part III of the Equal Status Act.

2.         Summary of Complainants’ Case

2.1      The complainant, who is a member of the Traveller community, states in her written complaint that she was treated in a discriminatory manner by the respondent on 26 July 2002 when she was refused service by him.  The complainant states that she was refused service because of her Traveller status.

3.         Summary of Respondent’s Case

3.1      The respondent states that the complainant was refused service by him on the date in question because she was in the company of a person who was, and is, known to him to be violent and disorderly.  The respondent submitted copies of documentation confirming that the person in question has several criminal convictions for violent and disorderly conduct.

 4          Outcome of Hearing - Prima Facie Case

4.1.    The complainant did not attend at the scheduled Hearing of her complaint on 11 March 2005.  As the complainant was not present at the Hearing she failed to establish a prima facie case of discrimination

5          Decision

The complainant has not established a prima facie case of discrimination on any of the grounds covered by the Equal Status Act 2000.  I find therefore in favour of the respondent.

______________________________

Dolores Kavanagh

Equality Officer

14 March, 2005