In a recent case, A Medical Secretary v HSE West the Equality Tribunal found that the employer had discriminated against the employee who has a bowel disorder.
In July 2007 the unnamed medical secretary was told that she had to move from her office which had a convenient toilet to an office where it was more difficult to access the toilet. The employee said the illness was difficult to manage and it often caused her embarrassment. The employee was placed on sick leave as she was unable to comply with the new working arrangements. Medical evidence was provided by the employee stating that she could return to work if she was provided a single office close to toilet facilities. The employee was offered alternative roles but she didn’t think they were suitable for her.
The Tribunal found that the HSE did discriminate against the employee and that it failed to provide her with reasonable accommodation.
The Equality Officer awarded the employee €70,000 and ordered the HSE to allocate the employee a single-occupancy office close to toilet facilities.