OFFICE OF THE DIRECTOR OF EQUALITY INVESTIGATIONS
Equal Status Act 2000
EQUALITY OFFICER DECISION NO: DEC - S2001-007
Mr William McDonagh
( Represented by Mr Charles Foley, Solicitor )
Ms Rachel Quinn, Licensee of The Coach House
(Represented by John Casey and Company, Solicitors)
File Ref: ES/2001/35
Date of Issue: 13/7/01
Headnotes:Equal Status Act 2000 - direct discrimination - section 3(1)(a) - membership of the Traveller community - section 5(1) - alleged refusal of service in a pub - burden of proof on complainant to present a prima facie case.
Ms Rachel Quinn, is the licensee of a pub called the The Coach House in Clarecastle, County Clare. Mr McDonagh claimed that on 24th December, 2000, he entered The Coach House and was refused service by Ms Quinn. He claimed that Ms Quinn discriminated against him on the basis of his membership of the Traveller community in terms of section 3(1)(a) of the Act by not providing him with a service which is available to the public generally contrary to section 5(1) of the Act. Ms Quinn denied this and maintained that she had no recollection of refusing Mr McDonagh service on that, or any other occasion.