OFFICE OF THE DIRECTOR OF EQUALITY INVESTIGATIONS
Equal Status Act 2000
EQUALITY OFFICER'S DECISION NOs: DEC-S2002-033 / 036
Eileen Delaney, Hannah Carthy, Cathleen O'Reilly and Margaret O'Reilly
(represented by Ms Carmel O'Connor)
v
The Kilford Arms, Kilkenny
(represented by Michael Lanigan & Co, Solicitors)
File No. ES/2001/377,384,391 &398
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 a pub - One complainant barred previously, section 15(1) - Burden of Proof
This dispute concerns a complaint by Eileen Delaney, Hannah Carthy, Cathleen O'Reilly and Margaret O'Reilly that they were discriminated against by the proprietors of the Kilford Arms pub, Kilkenny 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.
The complainants state that when they entered the Kilford Arms on 19 January 2001, they were refused service by the manager. The complainants claim that they were refused service on the grounds of their membership of the Traveller community. The respondents totally reject that they operate a discriminatory policy against Travellers. They maintain that service was refused because one of the complainants had been barred previously.