A State agency set up to enhance education services for children with special needs has been directed to pay €40,000 in compensation after discriminating against a deaf job applicant.
The Workplace Relations Commission determined that the National Council for Special Education had indirectly discriminated against Noel O’Connell on the grounds of his disability, reports Breaking News.
O’Connell, who applied unsuccessfully for the position of “advisor deaf/hard of hearing” advertised by the NCSE in March 2022, argued that the body had breached the Employment Equality Act by requiring candidates to hold a qualification in Irish Sign Language (ISL).
He maintained that this condition was discriminatory because deaf individuals are significantly less likely than other applicants to possess an academic qualification in ISL, reports Breaking News.
O’Connell told the WRC that he has been deaf since childhood and holds a PhD in deaf education.
The commission heard that ISL is his first language and that he uses it every day, although like most deaf people in Ireland, he does not hold a formal academic qualification in the language, reports Breaking News.
Legal representatives for O’Connell said he was highly suited to the role given his doctorate in deaf education and his fluency in ISL.
However, the NCSE’s information booklet stated that the successful applicant would need to have “a qualification in ISL based on the Common European Language Framework or equivalent”, reports Breaking News.
The WRC was told that on 6 May 2022, O’Connell was informed he had not been shortlisted because he lacked an academic qualification in ISL.
Although the NCSE later upheld his complaint in June 2022 that the requirement was discriminatory, he was advised he could not reapply as the recruitment competition had already closed, reports Breaking News.
O’Connell said he was taken aback that no remedy was being offered to him.
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His barrister, Michael Kinsley, said the complainant was uniquely qualified for the post and had experienced considerable loss due to not being shortlisted or interviewed, reports Breaking News.
Kinsley argued that the qualification requirement imposed by the NCSE was unnecessary and that alternative methods were available to assess O’Connell’s ability.
He further contended that O’Connell would have secured the role if the discriminatory requirement had not been in place – a claim the NCSE described as “simply extraordinary.”, reports Breaking News.
Counsel for the NCSE, M P Guinness, told the WRC that the internal decision to uphold O’Connell’s request for a review of the shortlisting outcome was “fundamentally flawed” in light of the established criteria for the role.
The commission heard that the advisor deaf/hard of hearing position had been created to build ISL capacity within school communities, including among teachers, SNAs and other staff, reports Breaking News.
The NCSE said formal ISL qualifications were required for several reasons, including providing clear, objective proof that candidates possessed the necessary language proficiency and ensuring quality assurance.
Guinness argued it was “simply incorrect” to suggest that the requirement effectively excluded deaf applicants, as they too could obtain formal ISL qualifications, reports Breaking News.
The NCSE also maintained that, beyond fluency, candidates needed the theoretical knowledge, teaching approaches and pedagogical skills essential to offer effective guidance and support.
Guinness said there was clear objective justification for insisting on an academic ISL qualification, reports Breaking News.
However, WRC adjudication officer Jim Dolan said he was satisfied that in O’Connell’s case the NCSE had disregarded the Code of Practice for appointments to the civil and public service, which provides that a reviewer’s decision must be taken into account by those administering a selection process.
“No remedy was offered by the designated decision maker or the NSCE and the rejection of his application was not overturned,” said Dolan, reports Breaking News.
He directed the NCSE to pay O’Connell €40,000 in compensation – the maximum award available under the legislation in such cases – for indirect discrimination.
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