A WOMAN who was unsuccessful in applying for a job as a driver with Dublin Bus has been awarded €6,000 by the Equality Tribunal for gender discrimination.
Isabella Lazar, from Romania, passed the theory and practical driving test required for the job and was then called for interview. At the interview she was referred for a medical examination, where she was informed she did not meet the height requirement for the position.
Ms Lazar claimed that a height restriction affected a greater proportion of women than men, and that Dublin Bus employed people of a similar height to her who were male, white and Irish.
Two other claims by Ms Lazar that she had been discriminated against on the grounds of race and disability were dismissed.
The tribunal heard that Dublin Bus informed Ms Lazar she did not satisfy the minimum height requirement for the job, without telling her what that height limit actually was.
In response, Dublin Bus said the minimum recommended height for a professional bus driver was 165cm (5ft 5in), and that Ms Lazar, at 157cm (5ft 2in), fell well short of this requirement.
However, the company confirmed to the tribunal that there “might be” men employed by it as bus drivers who did not meet the height requirement.
It said those outside the guideline heights suffered from greater than normal sick leave levels.
An occupational health specialist gave evidence that, in her opinion, the average height of an Irish woman was 162.5cm (5ft 4in). Therefore, the tribunal heard, Dublin Bus required its female bus drivers to be above average height.
The tribunal found that in the absence of any clear and defined height range and associated procedures, it did not consider an apparently arbitrary measure of height implemented in a piecemeal fashion grounds for refusing employment.
A spokeswoman for Dublin Bus said this was the first time the company had had a case like this.
“As part of Dublin Bus’s recruitment process, each potential applicant is individually assessed and must also attend the medical department to undergo a full medical examination. The medical department will then make a recommendation as to whether the individual is suitable for employment or not,” she said.
She did not comment on whether the height restriction for drivers was still in place.