Courts / Galway / Report
Discrimination claim by customer who refused to wear mask is rejected
Summary
The Workplace Relations Commission has rejected a discrimination complaint filed by But Bernard Carberry against T Ó hUiginn & a Comlucht Teo (T O'Higgins & Co Ltd) of Galway. Carberry, who represented himself, alleged that in January 2021, he was subjected to abuse and threats of police involvement when he refused to wear a face mask in the hardware store, claiming a medical exemption. He argued that the burden of proof lay with the retailer to demonstrate the efficacy of masks via peer-reviewed studies. The company contended that it was strictly enforcing public health guidelines and that Carberry failed to provide any evidence of his claimed disability or exemption, despite requests for proof. Adjudicating Officer Janet Hughes ruled that the retailer was not required to justify public health guidelines. She noted that Carberry refused to provide medical evidence, even when offered the option of an anonymised decision. The officer concluded that there was no possibility of the claim succeeding on grounds of disability discrimination and that continuing the hearing would be a waste of time. Consequently, the complaint was found not well founded.
Who, what, where, when and why
What: Report matter: Discrimination claim by customer who refused to wear mask is rejected. Procedural stage: hearing_or_decision
When:
- January 2021 Other
- 24 March Hearing Or Sentence
- 12 January 2021 Other
- 2022-04-25 Publication
Why: The company argued Mr Carberry would have to prove he had a disability in order to take a complaint under the Equal Status Act. CNI source report
Case subjects
Applicant
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