OFFICE OF THE DIRECTOR OF EQUALITY INVESTIGATIONS
EQUALITY OFFICER'S DECISION NO: DEC-S2002-008/009
Two Customers
V
A Retail Outlet, Dublin
(Represented by Paul A. Ferris & Co, Solicitors)
File No. ES/2001/364-365
Date of Issue 21/02/2002
Key words:Equal Status Act 2000 - Direct discrimination, section 3 (1) - Gender, section 3 (2)(a), - Race, section 3 (2)(h), - Race by association section 3 (1)(b), Gender by association section 3 (1)(b) - Disposal of goods and supply services, section 5 (1) - Sexual Harassment, section 11 (1) to (4) - Harassment, section 11 (5) - Establishment of a prima facie case - Vicarious liability
This dispute concerns complaints by Ms. M. and Ms. C. that they were discriminated against, contrary to the Equal Status Act 2000, by the manager of the retail outlet, Co. Dublin. The complainants referred a claim to the Director of Equality Investigations on 10 July, 2001 under the Equal Status Act 2000.
The first complainant, Ms. M., a U.S. national living in Ireland, maintains that she was discriminated against (section 3 (1) (a)) on the gender and race grounds in terms of sections 3 (2) (a) and 3 (2) (h) of the Equal Status Act 2000 in that the manner in which she was treated by the respondent in the course of a transaction following the purchase of goods was less favourable than it would have been had she been male and/or Irish.
The second complainant, Ms. C., maintains that she was discriminated against on the gender and race grounds by association with Ms. M. in terms of sections 3(1) (b) (i) (ii), 3 (2)(a) and 3(2)(h) of the Equal Status Act 2000. Ms. C. also maintains that she was sexually harassed in terms of section 11 (1) to (4) of the Equal Status Act 2000.