This case involved an ex-Irish Army soldier who applied for a bus driver's post with Bus Eireann. He had an exemplary driving record and passed all the test except a hearing test. He argued that "...not hearing very low beeps on an audio test would not and has not had any effect on his ability to drive a bus, coach or car... he is being discriminated against on the grounds of a very slight disability."

The respondent argued it uses these test rigorously but it could not provide evidence that existing drivers or sub-contractors were subject to these tests on an ongoing basis. Awarding the claimant €6000 for discrimination in employment the Equality Officer said:

"...I accept the respondent's argument that an adequate standard of hearing is a genuine and determining occupational requirement for the post of Bus Driver. However, in the absence of supporting documentary evidence, I find that the respondent has not established, in either the international context or more specifically within its own organisational context, that the significantly high hearing thresholds set by the respondent are appropriate and constitute a genuine and determining occupational requirement for the post of Bus Driver. In a situation where it cannot be aware of the state of hearing of significant numbers of bus drivers either working directly for it or for its sub-contractors I cannot find that the respondent has objectively justified the particular hearing threshold it applied."

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