This dispute concerns a claim by Ms Isabella Lazar that she was subjected to discriminatory treatment by the Respondent on the grounds of gender, disability and race.
The Complainant submitted that she was discriminated against by the Respondent when she applied for a job as a Bus Driver. At the medical, she was informed that the Respondent had a minimum height restriction and that she did not satisfy that height limit.
The Complainant, who is Romanian, submitted that she was required to submit her passport and documentation proving that she was entitled to work. The Complainant submitted that she was informed by the Department of Justice that she no longer required paperwork to enable her to work in the State. The Complainant submitted that the Respondent did not accept her assurances and still required her to provide written proof of her right to work in the State.
The Respondent submitted that the Complainant was treated in the same manner as any other applicant for the position of Bus Driver. The Respondent submitted the Complainant's immigration card was out of date and that, at the time, there were no clear instructions from the Department of Justice as to the entitlement of nationals of recently acceded EU countries to work in Ireland.
The Respondent submitted that the driver's work station in a bus is normally designed in the form of a half open cabin, and that the measurements of the driver's cabin and the adjustments that can be made to the seat and steering wheel must fall within a range that is applicable to all drivers. The Respondent also submitted that the minimum recommended height for a professional Bus Driver is 165cm and that the Complainant, at 157cm, falls well short of this minimum requirement.
Having regard to the foregoing the Equality Tribunal found the suggestion that a minimum height limit would impact disproportionately on women to be a valid argument.
The Equality Tribunal decided that the Respondent had established that a height range may be a genuine and determining occupational requirement for the post of Bus Driver. However, in the absence of supporting documentary evidence, they found that the Respondent has not established what the range is, or why it should be so, in either the international arena or, more specifically, in the national context. In accordance with section 82 of the Acts the Claimant was awarded €6,000 in compensation.
The Equality Officer ordered that the Respondent clearly establish what height range amounts to a genuine and determining occupational requirement for the post of Bus Driver, and that they take steps to inform applicants for the position of that information at the earliest possible opportunity in the recruitment process
This case highlights the importance of making applicants of a job aware of all the essential criteria that is required for the position to avoid discrimination. Although the height range in this case was a genuine requirement for the position the Respondent didn’t communicate this adequately.
E150 - Isabella Lazar v Dublin Bus - Discrimination on the Gender Ground