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Labour Court upholds no-discrimination finding in Dr Anne O' Dowd's appeal

By Cathal Brosnan

Historic decision · Decision date:

Place: no local area assigned from the source.

In 2003, the Labour Court dismissed Dr Anne O' Dowd's appeal against the finding that the National Museum of Ireland, the Department of Arts, Heritage, the Gaeltacht and Islands, and the Attorney General did not discriminate against her over a Manager/Keeper appointment. The determination was dated 25 April 2003.

Dr Anne O' Dowd said the interview and the decision to appoint a male candidate over her were discriminatory. The respondents argued that the selection process was fair and that the role required management and administrative skills as well as qualifications.

The Court found no gender bias in the first four allegations. It accepted that Dr O' Dowd had superior qualifications and more museum experience overall, but found the selection criteria and interview were objective and gender-neutral, and accepted the board's non-discriminatory reasons for choosing the other candidate.

The Court criticised the destruction of interview notes, saying retained records would assist investigations and that the practice should cease. It nevertheless accepted the competition was fair and upheld the Equality Officer's decision.

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