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Clinic discriminated against autistic patient who couldn't wear face mask

Summary

In a 2022 case, the Workplace Relations Commission found that a medical clinic discriminated against an autistic patient who could not wear a face mask. The patient, who had been diagnosed with autism since birth, had been told by the clinic's call centre that he would not need to wear a mask for his ultrasound appointment on 14 December 2020. When he arrived without a mask, the clinic refused to perform the scan, citing his inability to wear a face covering. The patient had informed the clinic in advance and on the day of the appointment. The clinic, represented by Flynn O'Driscoll Solicitors, admitted a miscommunication between staff about the mask policy. The adjudicating officer, Thomas O'Driscoll, ruled that the clinic failed to provide reasonable accommodation and awarded the patient €3,000 in compensation for discrimination under the Equal Status Act.

Who, what, where, when and why

What: Report matter: Clinic discriminated against autistic patient who couldn't wear face mask. Procedural stage: hearing_or_decision

When:

• 14 December 2020 Other
• 16 December 2020 Other
• 2022-07-21 Publication

Why: He said he was assured there would be no issue, but when he arrived for his scan he was told that the scan would not be performed because of his "inability to wear a face covering". CNI source report

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report