Daera settles disability discrimination case for £50,000

A hearing-impaired man has settled a disability discrimination case against the Department of Agriculture, Environment and Rural Affairs (Daera) for £50,000.

The sum was paid without admission of liability.

Christopher Morrow worked as a park ranger at Crawfordsburn Country Park, through an agency, from May 2018 for three and a half years.

His case centres on the recruitment for a permanent park ranger role.

It was supported by the Equality Commission.

Mr Morrow has moderate to severe hearing loss, wearing hearing aids in both ears and reading facial expressions and body language.

His proximity to others and the layout and acoustics of his surroundings can also make it hard for him to hear.

Mr Morrow applied for a permanent park ranger position at the country park, indicating on his application form that he had a disability.

Before his interview Mr Morrow said that he asked a manager if it was possible for him to have the interview questions in written form during the interview.

This would avoid him having to ask for them to be repeated. However, this request was refused.

Mr Morrow also emailed the human resources department to ensure that all the panel members were aware of his disability.

The interview took place in February 2021 in a large room, with a wooden floor and a high ceiling. The panel members were seated behind a screen about 15-20 feet away from Mr Morrow.

He found hearing very difficult in this environment and panel members did not ask him if he needed any adjustments.

In total, 15 park rangers were appointed but Mr Morrow was not one of them. Feedback from his interview included the comment that the "candidate asked for multiple repetitions of questions, meaning the interview ran over time".

Mr Morrow said that he "tried on several occasions to make Daera aware of [his] disability" and requested "simple adjustments at interview that would have really helped" in the recruitment process.

He added: "I was very disappointed indeed that I missed out on the opportunity for a permanent position in a job I really enjoyed.

"I had a legal right to reasonable adjustments which would allow me to compete on a level playing field and I think what I asked for was simple and straightforward."

Equality Commission senior legal officer Mary Kitson emphasised that the Disability Discrimination Act "requires employers to introduce reasonable adjustments to recruitment and selection procedures for applicants with disabilities".

She said: "The purpose of the duty is to enable job applicants who have disabilities to enjoy the same opportunities as all other candidates to obtain and remain in work.

"What is reasonable may be different in every case - the law says employers must take such steps as are reasonable to remove any physical or procedural barriers which the disabled person may face when seeking work."

As part of the settlement, Daera, in conjunction with the Department of Finance, has undertaken to liaise with the Equality Commission to review its policies, practices and procedures and their application to ensure that they are effective and conform with disability legislation.

It has also agreed to implement any reasonable recommendations the Commission may make.