This case was brought before the Workplace Relations Commission by a customer of a convenience store in Dublin who claimed that he was discriminated against after he was refused entry to the shop for not wearing a mask. The incident occurred on the 5th of January 2021.

The Complainant, Mr Lyttle, claimed he had been discriminated against on grounds of disability under the Equal Status Act as he suffered from claustrophobia which he submitted  was triggered by wearing a mask. The Complainant informed the Workplace Relations Commission that covering his face caused him anxiety.  The Complainant also submitted that the convenience store in question failed to provide him with reasonable accommodation for his disability.

The Complainant informed the Workplace Relations Commission that he was asked by a staff member to put on a mask when he entered the shop to purchase milk, despite explaining that he was “exempt”. Mr Lyttle claimed that the Manager informed him that he would either need to wear a mask or provide evidence of his exemption from wearing a mask before he would be allowed to enter the store.  It was the Complainant’s submission that he was treated less favourably than another person in a comparable situation because of his disability.

The Workplace Relations Commission was informed that the convenience store had staff with medical conditions who were working every day to keep the shop open and it was the company’s duty to protect everyone.  The respondent advised the hearing that the complainant had not advised them of any disability.  The Complainant when questioned as to whether he had advised the respondent of the existence of a disability stated that he did not believe that he had to provide any reason other than to state that he had a reasonable excuse for not wearing a mask.

The Workplace Relations Commission Adjudicator noted that the Complainant, Mr Lyttle, admitted he had not spoken to a doctor about the issue but stated he had suffered an incident about 20 years previously and the claustrophobia had recently been triggered by the requirement to wear a face covering.

The Adjudication Officer dismissed Mr Lyttle’s case, notably due to the fact that the Complainant had failed to establish a prima facie case of discrimination on grounds of disability.
https://www.workplacerelations.ie/en/cases/2021/december/adj-00032493.html

Key points

This WRC case demonstrates that in order to establish that discrimination on grounds of a disability has occurred, you must be able to produce medical evidence to support your claim that you have a disability, and that you have been discriminated against because of it.  This case also highlights an Employer’s duty to provide a safe environment for their Employees, which is outlined under the Safety, Health & Welfare at Work Act 2005