The Workplace Relations Commission (WRC) rejected Jennifer Keane’s disability discrimination claim after finding she had not established a prima facie case. The decision, dated 14 June 2024, concerned her exclusion from an interview for an internal EUV Technical Lead role at Edwards Vacuum Technology Ireland Limited.
Keane said the decision not to interview her was linked to her disability and recent health-related absence. She said she had sought a regular working week instead of 12-hour shifts and believed her absence and disability affected the decision. The company denied discrimination and said its selection criteria included attendance, experience and length of service. It said the two shortlisted candidates had more relevant experience and better attendance records, and that the decision-maker was unaware of Keane’s disability.
The adjudicator noted that Keane accepted not all her absences were disability-related and had not challenged evidence about the shortlisted candidates’ experience and attendance. The decision-maker said he was unaware of her disability, and the adjudicator found no evidence to suggest otherwise. The WRC concluded that Keane’s claim was speculative and unsupported, and that she had not shown facts sufficient to raise a presumption of discrimination. That threshold is called a prima facie case; in plain terms, a claimant must first establish facts that could support an inference of discrimination.