Finding of No Discrimination in WRC where Employer Did Not Allow Employee with Claustrophobia to Attend Work Without a Face Mask

In Marcin Nowak v Moriarty’s Food Markets Ltd T/A Moriarty’s Supervalu Skerries ADJ-00032391 the Complainant was medically certified as not being able to wear a face covering because of claustrophobia. He claimed he was discriminated against on the ground of disability by not being allowed to attend work and that the Respondent had failed to provide him with reasonable accommodation. He also claimed that he was discriminated against as a service user in not being allowed to attend the Respondent supermarket as a customer. He submitted complaints of discrimination to the Workplace Relations Commission (“WRC”) under the Employment Equality Acts 1998-2021 and the Equal Status Acts 2000-2018.

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