Concert promoter MCD Productions has been ordered to pay €7,000 compensation to a cancer patient left "humiliated" by her treatment by two security staff members when refused access to disabled bathroom facilities at a Paul Weller gig two years ago.
Workplace Relations Commission (WRC) adjudicator Janet Hughes ordered MCD to pay Galway woman Anne Marie Davy the sum after finding that the promoter discriminated against Ms Davy on grounds of disability under the Equal Status Act.
The 55-year-old mother-of-four brought her action after she was refused access twice to disabled bathroom facilities at the Summer Series event at Trinity College Dublin in July 2019 by security staff employees of a security company employed by MCD for the event.
Ms Hughes found that MCD was vicariously liable for the actions of the security staff.
Prior to the event, Ms Davy emailed MCD to say she was an oncology patient, had additional medical needs and also had an ostomy requiring use of an accessible bathroom.
However, during the gig, Ms Davy was refused access to the disabled bathroom facilities “despite the fact that I politely told the attendant I had a medical need to use it”, she told MCD in an email the following day.
She said the attendant “looked me up and down and asked what was wrong with me”. Ms Davy said: “I was upset, shocked and humiliated having to explain I have had part of my bowel and rectum removed as well as other organs and have a stoma and need access to disabled bathroom to change”.
Ms Davy gained access to the disabled toilets after a female colleague of the security man allowed access and apologised for her colleague’s actions.
However, at the end of the gig, Ms Davy was refused access a second time to the disabled toilets by a different security staff member.
Ms Davy in her email stated: “This was the first concert I had attended since receiving my diagnosis two years ago and I was really looking forward to it but, unfortunately, what should have been an enjoyable evening sadly was not.”
In her findings, Ms Hughes said Ms Davy “was subjected to discrimination in that she was twice refused access to the facilities for the disabled notwithstanding that she had a disability”.
Security company
MCD argued that it was not vicariously liable under the Equal Status Act for the conduct of an employee of the security company. MCD argued that the problem stems from the conduct of the security worker in question who when questioned was remorseful and visibly upset stating that he “got confused”.
Expressing regret over the incident, MCD managing director Denis Desmond said: “Once we heard what had occurred, we offered our apologies to Ms Davy and I do so again.” He said there were protocols in place which the security company did not adhere to on the night. “Be assured there won’t be a repeat of what happened.”
On Wednesday, Ms Davy said the main reason she took the case was to raise awareness about the challenges faced by people with hidden disabilities.
“People should not be so judgmental or make assumptions around the use by people with hidden disabilities of facilities like disabled bathrooms. A little bit more empathy and understanding from the general public would be nice. I know it’s a tricky one.”
She said she was “shocked” at the financial award, emphasising that money was in no way the motivating factor in taking the case. “I detest claims culture because the false claims impact on genuine cases,” she said.
Ms Davy added she was pleased with what Mr Desmond had to say on Wednesday. “I believe that lessons have been learned.”
