Ellen Maughan
V
Travellers Friend Hotel, Castlebar
Key words
Equal Status Act 2000 - Direct discrimination, section 3(1)(a) - Traveller community ground, section 3(2)(i) - Supply of goods and services, section 5(1) - Refusal of service in a pub
Delegation under the Equal Status Act 2000
This complaint was referred to the Director of Equality Investigations under the Equal Status Act 2000. In accordance with her powers under section 75 of the Employment Equality Act 1998 and under the Equal Status Acts, the Director has delegated the complaint to myself, Brian O’Byrne, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part III of the Equal Status Acts 2000 - 2004.
Evidence Provided at Hearing 29 November 2007
The complainant gave evidence that she visited the Travellers Friend Hotel on 1 June 2003 with her mother and sister-in-law. She said that she had been in the hotel on a few occasions previously and had never been involved in any trouble.
She said that when the women went to the bar on 1 June 2003, the barman said that he could not serve them. She said that he would not give them any reason. The barman was unfamiliar to her.
She said that the refusal caused her great upset and that she was very embarrassed by what happened. As a result of the refusal, Ms Maughan said that she has not been back to the Travellers Friend Hotel since
At the Hearing, the Travellers Friend Hotel was represented by three staff members including Mr Des Hynes, General Manager. Mr Hynes stated that the Hotel did not operate a policy of discrimination against Travellers.
In relation to the events of 1 June 2003, Mr Hynes said that there was no incident report available and that the Hotel had not been able to identify the staff member who had refused service to the complainant on 1 June 2003. The respondents explained that a total of 24 barstaff were employed in the Hotel in June 2003 and that seven of these were on the roster for that night, 1 June 2003. The respondents said that it had not been possible, however, to establish exactly who it was that refused service to the women. Accordingly, they said that they were unable to offer an explanation as to what happened.
In response, the complainant said that her recollection was that she had asked the barman for his name that night and he had given the name “Terry”.
Conclusions of the Equality Officer
In circumstances such as this the onus is on the complainant to establish a prima facie case of discrimination and, if established, the respondent is afforded the opportunity to rebut the allegation.
In this case, the complainant provided me with clear and credible evidence as to what is alleged to have occurred on 1 June 2003 and I find that I have no reason to disbelieve her account of events.
On investigating the matter further, I note from the case file that the complainant sent a written notification to the hotel on 4 June 2003 (three days after the incident) informing them of the incident and referring to the fact that a senior barman called “Terence” refused to serve her. However, despite this notification being sent, the respondents were still unable at the Hearing to provide evidence as to what occurred or who was on duty on the bar that night
Having considered the full circumstances of this case, I find that the complainant has established a prima facie case of discrimination. I also find that, in not being able to provide any evidence with regard to the events of 1 June 2003 (despite receiving notification within a matter of days) that the respondents have failed to rebut the allegation.
Accordingly I find that the complainant was discriminated against on the Traveller community ground contrary to the provisions of the Equal Status Acts.
Decision
I find that a prima facie case of discrimination has been established by the complainant on the Traveller community ground in terms of sections 3(1) and 3(2)(i) of the Equal Status Acts 2000 - 2004 and that the respondent has failed to rebut the allegation.
I order that the respondent pay the complainant the sum of €800 for the hurt and humiliation suffered.
Brian O'Byrne
Equality Officer
6 February 2008