The Complainant brought a claim to the WRC under Section 6 of the Employment Equality Act, claiming that she was discriminated against on race and religious grounds in relation to access to employment.

The Complainant had applied for the position of part-time Administration Assistant at the Respondent’s tile shop which was advertised on ‘Indeed’. On Wednesday the 6th of April 2021, the Complainant interviewed for the position. She submitted that she advised the Respondent over the phone that she wears a headscarf. She went to the Respondents premises in Ballymount where she met Mr. Ray Sood, the Operations Manager who interviewed her for the position.

 The Complainant said that the minute Mr. Sood saw her, he looked at her from the top to the bottom. The Complainant submitted that she believed that he did not expect someone wearing a head scarf. She said that he then sat down and looked at his computer and conducted the interview with his arms crossed. The first question he asked her was where she was from. She told him she was from Germany, and then he asked where she was originally from. She told him she was German, but originally from Algeria but that she never lived there. She said that this question in her opinion, should not be asked. She said that she is skilled and was there for an interview for a job that was advertised. She said that he looked into his computer for the second time and said okay.

The Operations Manager then told her the job was based in Rathcoole and not in Ballymount and asked her if that suited her and she agreed because she could drive to Rathcoole which was not that far. He then went on to tell her that the job was a full-time post in Rathcoole. She pointed out that the job advertised was part-time at the weekends and she could not do a full-time job because of her childcare responsibilities during the week.

The Complainant affirmed that the Respondent did not ask the Complainant about her skills, neither did he interview her and ask her anything about her previous working experiences. She said that she believed that the Respondent was not interested in hiring her for a front-line position because she wears a headscarf.

The Respondent maintained that they are an equal opportunities policy in its recruitment and interview process and that job descriptions are advertised in line with the equal opportunities policy. The Company’s approach to advertisements and interviews is inclusive, consistent and non-discriminatory so as to ensure that no job applicant or employee is discriminated on any of the protected grounds.

In evidence, the Respondent submitted that the company has 70 employees and about half of them are non-Irish:  22 from Poland, 1 from Brazil, India, Italy, Romania and England, 5 Croatian and 2 Russian. The Respondent submitted that he could not remember if he made a comment about the headscarf, but he asked the Complainant where she was from as he believed they had something in common. He said that he wouldn’t have asked it if he thought it would have made her feel uncomfortable.

The Adjudication Officer was of the view that asking the Complainant, who was wearing a headscarf, about her nationality at an interview raises an inference of discrimination in the circumstances. The Adjudication Officer was satisfied that the Operations Manager did not ask the Irish candidate and candidates of a different nationality to the Complainant, and who were not wearing a headscarf, about their nationality.

Accordingly, the Adjudication Officer was satisfied that the Complainant had established a prima case of discrimination in that the interview question was discriminatory on the race ground.  The Adjudication Officer ordered that the sum of €1,500 be paid to the Complainant in the circumstances.

Guidance for Employers

Employers must be mindful of the types of questions that are used at recruitment interviews as these can, as this case shows, result in a finding of an inference of discrimination.   Those involved in conducting interviews should have received adequate training in equality matters including unconscious bias so prevent such occurrences.
https://www.workplacerelations.ie/en/cases/2022/june/adj-00032864.html