DEC-S2001-016

Equal Status Act 2000
Equality Officer Decision
DEC-S2001-016

Ann McDonagh
V
Tesco Ireland Limited
Waterford

File Ref ES/2001/143
Date Of Issue 23/11/2001

Key words: Equal Status Act 2000 - Direct discrimination, section 3(1) - Membership of the Traveller community, section 3(2)(i) - Supply of goods and services, section 5(1) - Service in a Supermarket/Shop - Establishment of a prima facie case - Allegation of shoplifting - Functions of security personnel - Hypothetical comparator

This dispute concerns a complaint by Ms Ann McDonagh that she was discriminated against, contrary to Sections 3(1) and 3(2)(i) of the Equal Status Act 2000, by Tesco Ireland Ltd, Lisduggan Branch, Waterford on the grounds of her membership of the Traveller community. The complainant maintains that she was discriminated against on the Traveller community ground in terms of sections 3(1) and 3(2)(i) of the Equal Status Act 2000 in that she was denied a service which is generally available to the public contrary to Section 5(1) of the Act.

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