The Equality Authority today welcomed the successful outcome of an Equal Status case it represented before the Equality Tribunal under the disability ground. (Ref DEC-S2009-015).
The complainant, Sean Thompson, has a visual impairment and uses the Dept of Social and Family Affairs Free Travel Pass on Irish Rail DART to go to work. He is required to queue each day, and is prohibited from getting a ticket in advance as non-travel pass customers can do. He claimed the ‘same day only’ restriction for the travel tickets constituted discrimination under the Equal Status Acts and was a failure to provide reasonable accommodation to a person with a disability. He could not get a ticket the evening before or avail of the weekly or monthly travel facility available to other passengers.
Irish Rail submitted that the ‘same day only’ policy is necessary in order to safeguard the company against fraudulent activity. The Equality Officer of the Equality Tribunal awarded Mr Thompson 750 euros in compensation as redress for the inconvenience caused, and ordered that Irish Rail review its policy in terms of the requirement for the holders of the Free Travel Pass to present at the ticket office on each day of travel to acquire a ticket in order to ensure that its policy is in full compliance with the terms of the Equal Status Acts.
‘This unfair situation whereby Mr Thompson had his commuting time considerably lengthened daily because he was being treated differently to other customers has been satisfactorily addressed by the outcome of this important case’ said Richard Fallon, acting CEO of the Equality Authority. ‘There are measures available within the scheme where a travel pass ID and the ticket can be required on inspection – thus safeguarding against fraudulent use of this important support.
‘People with disabilities already have a higher unemployment rate than others. If their commuting time were to be unfairly lengthened with the increased risk of lateness, it would further disadvantage workers with disabilities who rely on public transport. I welcome the decision of the Equality Tribunal which brings common sense and equality to bear on an everyday situation. We look forward to Irish Rail incorporating the findings of the Tribunal into their customer service.
This will augment Irish Rail’s continuing good work to make the rail network more accessible to people with disabilities’, he concluded.
ENDS