The Department of Health has been told to pay a Fórsa member €40,000 for age discrimination after the union took the case to the Workplace Relations Commission (WRC).

The issue arose when the department failed to shortlist the worker for interview in an internal competition. Fórsa undertook a statistical analysis of the ages of the applicants, which showed a bias against candidates over 50 years of age.

The department rejected this argument, and said members of the shortlisting panel had been given unconscious bias training. The WRC adjudicator said this was insufficient.

Fórsa official Seán Carabini, who took the case, said the finding could have wider significance because it applies specifically to the shortlisting phase of a competition.

“A lot of the existing precedents on age discrimination in competitions focus on the interview or appointment stage. We hope that this ruling will help to ensure that transparency continues to be central to every element of competitive processes in the civil service,” he said.

It is not yet known if the employer will appeal the finding.

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