The Labour Court has held that an employee without a disability
cannot claim disability discrimination for being treated less
favourably than a person with a disability.
In Navan Education Centre t/a National Behaviour Support
Service v Brendan Lydon, Mr Lydon and two other employees had
to compete for a post when Navan Education Centre (NEC)
restructured and reduced three posts to two. One candidate in the
process fell seriously ill and was unable to interview for one of
the new positions. On the basis of the employee's illness, NEC
did not require her to sit the interview and appointed her to one
of the vacant positions. Mr Lydon contended that this went beyond
reasonable accommodation, and the reduction of his chances from 66%
(when there were two roles for three candidates) to 50% (when there
was one role for two candidates) amounted to discrimination on the
disability ground.
