Complainant

Respondent

Parties

Lisa  O'Donovan

Abiodun Dongo

Representatives

Self-Represented

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000

CA-00073930-001

25/04/2025

The Complainant lodged a claim of discrimination on grounds of disability and a failure by the Respondent to provide reasonable accommodation. The Complainant states that she was travelling with her partner from Cork to Heuston station on morning of 27 December 2024 with their guide dog. They proceeded to the taxi rank and requested service from the Respondent. The Complainant states that the Respondent refused service to them and stated that he was not in a position to take the guide dog. The within claim is linked to ADJ 60770.  

The Complainant is visually impaired and also has a hearing impairment.  The Complainant was accompanied by her partner who is a blind person with complete vision impairment and a user of a guide dog. They were travelling from Cork to Heuston station on the morning of 27 December 2024. They proceeded to the taxi rank and requested a taxi service from the Respondent.

The Complainant states that the Respondent reacted abruptly and stated that he would not take the guide dog. The Complainant states that the Respondent shouted at her and her partner in a most aggressive and abusive manner.  The Respondent then wound up the car window and drove off abruptly. The Complainant states that herself and her partner were hugely embarrassed and humiliated by the experience.

The Complainant furnished the requisite notice to the Respondent in compliance with Section 21 of the Equal Status Acts, however, the Respondent did not reply to same.

The Complainant states that she was discriminated against by the Respondent on grounds of disability and there was a failure by the Respondent to provide reasonable accommodation. 

The Respondent did not attend the hearing.

The Legal Framework

The preamble to the Equal Status Act 2000, as amended, (the “Act”) includes the following as its purpose:-

“..to promote equality and prohibit types of discrimination, harassment and related behaviour in connection with the provision of services, property and other opportunities to which the public generally or a section of the public has access.”

Discrimination for the purposes of the Act is defined in section 3 and includes where a person is treated less favourably than another person is, has been or would be treated in a comparable situation on any of the protected grounds.

Section 4(1) of the Act, set out hereunder, provides that discrimination includes a refusal or failure by a service provider to provide reasonable accommodation for a person with a disability:-

“For the purposes of this Act discrimination includes a refusal or failure by the provider of a service to do all that is reasonable to accommodate the needs of a person with a disability by providing special treatment or facilities, if without such special treatment or facilities it would be impossible or unduly difficult for the person to avail himself or herself of the service.”

Section 4(6)(b) of the Act includes within the meaning of a service provider:-

“the person responsible for providing a service in respect of which section 5(1) applies.”

The prohibition of discrimination in the disposal of goods and provision of services is set out in section 5(1) of the Act as follows:-

“A person shall not discriminate in disposing of goods to the public generally or a section of the public or in providing a service, whether the disposal or provision is for consideration or otherwise and whether the service provided can be availed of only by a section of the public.”

I have carefully examined the evidence adduced in the within complaint. I found the Complainant to be a credible witness who provided cogent and compelling testimony.

The Complainant and her partner were accompanied and assisted by their guide dog on the morning of 27 December 2024 while trying to access a taxi service from the Respondent. The Complainant, as a person who is visually impaired and has a hearing impairment, is entitled to be provided with reasonable accommodation when accessing services and, in this case, to avail of the respondent’s service provision with the assistance of their guide dog.  On the date in question, the guide dog was clearly identifiable as such in its working guide dog uniform. I note the evidence of the Complainant with regard to the abusive and aggressive manner in which the Respondent refused its service.

Based on the uncontested evidence of the Complainant, I find that the Complainant was discriminated against on the disability ground within the meaning of section 3 and section 4(1) of the Act, when she was refused a service by the Respondent who informed the Complainant that he was not taking the guide dog.  This discrimination is in contravention of section 5(1) of the Act.  This failure caused the Complainant and her partner unnecessary upset and humiliation. 

I find that the Complainant has demonstrated that she was discriminated against on grounds of disability and that there was a failure by the Respondent to provide reasonable accommodation. I find in favour of the Complainant.

For the reasons set out above, I find that the Complainant was discriminated against contrary to section 5 of the Equal Status Act 2000, as amended.

In terms of redress, section 27 of the Act provides for the making of orders as may be appropriate in the circumstances.  In this regard, I order the Respondent to pay the Complainant compensation in the amount of €6,000 for the effects of the discrimination. 

I further order the Respondent to ensure, going forward, that he is in compliance with the relevant equality legislation.

Equal Status Act - Discrimination - Failure to provide reasonable accommodation - Taxi - Guide dog