The Workplace Relations Commission rejected Matthew Donovan’s disability discrimination complaint against the Health Service Executive over his denied access to a blood test at Boyne Primary Care Centre. The decision, dated 6 June 2023, found the HSE could rely on a legal defence allowing different treatment where reasonably necessary to prevent harm.
Donovan said he had a GP exemption from wearing a face covering and was refused entry to his appointment on 3 March 2022. The HSE said the clinic was following infection-prevention protocols and that he tried to proceed without first producing proof of his exemption. The adjudication officer accepted that Donovan’s severe anxiety amounted to a disability, but found the clinic had acted reasonably and that he had not established a prima facie case of discrimination.
The officer allowed an extension for late notification of the complaint. Under the Equal Status Acts, different treatment may be permitted when reasonably necessary to prevent harm to a person or others. The complaint was found not well-founded on its merits.