Equal Status Act – Proof of Discrimination*
This issue arose in ADJ-00019998 where the Adjudication Officer pointed to the case of Hallinan -v- Moy Valley Resources DEC-S2008-25 in relation to a complaint taken under the Equal Status Act 2000. In that case the Equality Officer held that in order to establish a prima facia case of discrimination the following must be requested
- The complainant must establish that he or she is covered by the protective ground.
- Establish the specific breach has allegedly taken place.
- The treatment was less favourable than was or would be afforded to a person not covered by the relevant discriminatory grounds.
The mere fact that somebody may believe that they have been treated in a discriminatory fashion is not enough particularly in cases where the same treatment would be afforded to anybody whether they have a disability or not.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
*In contentious cases a solicitor may not charge fees or expenses as a proportion or percentage of any award or settlement.