OFFICE OF THE DIRECTOR OF EQUALITY INVESTIGATIONS
Equal Status Act 2000
EQUALITY OFFICER'S DECISION NOs: DEC-S2002-037 / 040
Eileen Delaney, Hannah Carthy, Cathleen O'Reilly and Margaret O'Reilly
(represented by Ms Carmel O'Connor)
Shems Bar, Kilkenny
File No. ES/2001/379,386,393 &400
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 - Vicarious Liability - Burden of Proof - Admission by respondent that discrimination had occurred - Requirement that redress be provided for where discrimination found, sections 25 and 27.
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 proprietors of Shems Bar, Kilkenny. The complainants maintain that they were discriminated against on the Traveller community ground in terms of sections 3(1) and 3(2)(i) of the Equal Status Act 2000 in not being provided with a service which is generally available to the public contrary to Section 5(1) of the Act.