The National Council for Special Education (NSCE), the State body overseeing special education for adults and children with disabilities has been ordered by the WRC to pay €40,000 in compensation to a Deaf man for denying him a job interview because he lacked an academic qualification in Irish Sign Language.

This follows Workplace Relations Commission (WRC) adjudicator Jim Dolan ordering the National Council for Special Education (NCSE) to pay €40,000 to Noel O’Connell after it did not shortlist him for an adviser role at the NCSE over not having an academic job qualification in Irish Sign Language (ISL).

The NCSE was ruled to have indirectly discriminated against Noel O’Connell in breach of the Employment Equality Act 1998, when it turned down his application for a post as “advisor deaf/hard of hearing” in April 2022.

What was significant about the case was the tribunal decided to set aside the €13,000 cap on compensation in an employment access case set out in Irish equality law and award Mr. O’Connell €40,000.

The Employment Equality Act 1998 (amended 1998–2015) in Ireland prohibits discrimination across public and private employment, covering recruitment, pay, promotion, and working conditions. It outlaws direct and indirect discrimination, harassment, and victimisation based on nine protected grounds, including gender, civil/family status, sexual orientation, religion, age, disability, race, and Traveller community membership.

Mr O’Connell’s first language is ISL, as he has been Deaf since childhood and does not communicate orally, the tribunal was told. He was told his application for the job “had not been shortlisted”. When he asked why, the NCSE told him the only reason was that he “did not have an academic qualification in ISL”.

Mr O’Connell then sought a formal review of this decision under the code of practice for public service appointments. He argued that making a sign language qualification an essential requirement of the post was “wrong” because it “effectively excludes Deaf people”.

Mr. O’Connell was successful in the formal review of the NCSE not to shortlist by the Commission for Public Service Appointments which later found that he met the requirements for the role.

O’Connell had successfully argued that the criteria contained in the NCSE Candidate Information Booklet were discriminatory and that deaf people were far less likely to hold an academic qualification in ISL.

Mr Dolan ruled in favour of Mr O’Connell’s complaint and wrote: “I believe the respondent’s actions amount to indirect discrimination against the complainant.”

The complainant side had cited the requirement for “effective, proportionate and dissuasive” compensation set out in European law. Setting aside the domestic legislation, Mr Dolan awarded €40,000 for the breach.

 

NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.