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Labour Court rejects Paul Gorry’s disability discrimination appeal over English qualification

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court disallowed Paul Gorry’s appeal in his disability discrimination case against the Office Of The Civil Service And Local Appointments Commissioners. The determination was dated 9 October 2006 and affirmed the Equality Officer’s decision.

Gorry argued that requiring a Leaving Certificate pass in English for an Executive Officer post indirectly discriminated against him because of his dyslexia. The Commissioners said the qualification was an acceptable measure of written communication skills and argued he also lacked other required educational qualifications.

The Court assumed, without deciding, that the English requirement could disproportionately affect people with dyslexia. It held that the statutory exception for generally accepted educational qualifications applied to the Executive Officer grade and provided the Commissioners with a complete defence. The appeal therefore failed.

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