This is another Equal Status case that has implications for employment.

The Complainant had booked a room in the Respondent's B&B for herself and her sister for the purpose of staying there overnight in February 2018. When the Complainant arrived at the premises on the date in question the door was locked. She phoned the Respondent proprietor who informed her that someone would let her in shortly. Following this conversation no-one opened the door to let her in and she made further repeated attempts to contact the Respondent by phone, but her calls were unanswered. The Complainant was left with no choice but to seek alternative accommodation on the night in question.

The Respondent provided a written response which stated that all publicans in the town had been told by the Gardai to close their premises on the day in question. The Gardai denied this in a statement to the complainant's representative. The Complainant stated that every place in the town was closed on the day in question as they were all aware that a big Traveller funeral was taking place.

The Adjudication Officer concluded that it was most likely that the Complainant was denied access to the premises on the basis that she was a member of the Traveller Community and had been subjected to less favourable treatment. Therefore, the Respondent was ordered to pay the Complainant €2,500 compensation in respect of the finding of direct discrimination.

The case highlights that Adjudication Officers will look at the totality of evidence and weight up that evidence to reach a decision based on the balance of probabilities. The Respondent failed to show up at the hearing. Their written response was refuted. The Respondent, in effect, had no valid defence to the Complainant's evidence once the Complainant had provided enough prima facie evidence to shift the burden of proof to the Respondent - their argument that Gardai told them to close their doors was not backed up in writing. Similar processes apply to employment equality cases - if an employee has some evidence that points to an unlawful and discriminatory treatment by the employer, the Adjudication Officer will expect the employer to provide evidence of a non-discriminatory reason(s) for the action that led to an alleged detriment. In the absence of valid contrary evidence, the Complainant is likely to win his or her case.
https://www.workplacerelations.ie/en/cases/2020/january/adj-000162571.html