ADJ-00032864 Narimene Saad vs Deeward Ltd
Country
Ireland
Year
2022
Decision/ruling/judgment date
Wednesday, June 01, 2022
Incident(s) concerned/related
Discrimination
Related Bias motivation
Religion
Groups affected
persons of african origin
Court/Body type
National Court
Court/Body
Work Place Relations Commission (WRC)
Key facts of the case
Narimene Saad had complained under the Employment Equality Act against Deeward Ltd, claiming she was discriminated against on the basis of both her race and religion when she interviewed for a position with the firm. The company had denied discriminating against her at all. She told a hearing that she was invited to an interview for a part-time weekend job and met the company’s operations manager. The interviewer questioned her about her nationality when she wore a headscarf to a job interview.
Main reasoning/argumentation
“Asking the complainant, who was wearing a headscarf, about her nationality at an interview raises an inference of discrimination in the circumstances,” wrote the adjudicator, in his decision. Precedent established by the Labour Court was that there was “no need to establish intention to discriminate”.
Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?
Key issues (concepts, interpretations) clarified by the case
In recognising racial discrimination, the impact of discriminatory behaviour/action is considered, and there is “no need to establish intention to discriminate”.
Results (sanctions, outcome) and key consequences or implications of the case
The adjudiactor found she had established a prima facie case of discrimination on the basis of race — but rejected the suggestion that she was discriminated against on religious grounds because of her headscarf.
Key quotation in original language and its unofficial translation into English with reference details
“Asking the complainant, who was wearing a headscarf, about her nationality at an interview raises an inference of discrimination in the circumstances” ; “no need to establish intention to discriminate”.
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