Ms. Pearl Loveridge V Twos Up Ltd t/a Bee Gees Night Club aka Attic Bar & Night Club (Cork)
Equality Officer Decision
DEC-S2005-187
Delegation under Equal Status Acts, 2000-2004
The complainant referred a claim to the Director of Equality Investigations on 1st March, 2002 under the Equal Status Acts, 2000 - 2004. In accordance with her powers under section 75 of the Employment Equality Act, 1998 and 2004 and under the Equal Status Acts, 2000 - 2004, the Director, on 18th October 2005, delegated the case to me, Marian Duffy, 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 Act, 2000. The hearing took place in Cork on 29th November 2005.
1. Dispute
1.1 The dispute concerns a claim by Ms. Pearl Loveridge that she was discriminated against by Bee Gees Night Club also known as Attic Bar and Night Club, on the ground that she is a member of the Traveller Community, in that she was refused a service which is generally available to the public. The complainant alleges that the respondent discriminated against her in terms of Sections 3(1)(a), and 3(2)(i) of the Equal Status Act, 2000 contrary to Section 5(1) of that Act.
2. Summary of the Case
2.1 The complainant's case is that she went with a group of friends who are Travellers to the respondent's nightclub and was refused entry. She said that she was given no reason but states that her friends are identifiable as Travellers and she believes this was the reason for the refusal.
The respondent denies that the complainant was discriminated against on the Traveller community ground.
3. Conclusions of the Equality Officer
The complainant and the respondent were notified that the hearing was scheduled for the 29th November 2005 and neither party attended. I find, given that she failed to attend the hearing, the complainant did not establish a prima facie case of discriminatory treatment.
4. Decision
4.1 On the basis of the foregoing I find that the complainant was not discriminated against by the respondent on the Traveller community ground contrary to Section 3(1) and 3(2)(i) of the Equal Status Act, 2000 and in terms of Section 5(1) of that Act.
Marian Duffy
Equality Officer
1st December, 2005