Healthcare provider ordered to compensate woman over racial discrimination

Seán McCárthaigh

A well-known private healthcare provider has been ordered to pay combined compensation of €12,000 to an elderly Pakistani woman and her daughter who were racially discriminated against during a visit to a clinic for MRI scans.

The Workplace Relations Commission ruled that Affidea Diagnostics Ireland Limited discriminated against Mehr un Nisa (75) and her daughter, Shereen Gul – who is a GP – during a visit to the company’s clinic in Dundrum on November 4th, 2023, in breach of the Equal Status Act 2000 on grounds of race.

Lawyers for Affidea had rejected claims that it had discriminated against the two women and claimed Dr Gul was “ready to be insulted” following a previous incident a month earlier at the clinic when they claimed the GP was abusive to staff over a disputed booking appointment.

The WRC heard claims that Nisa had her name questioned by staff while her daughter was prevented from helping her mother in a changing room while she was going for several scans.

Nisa claimed that on arrival at reception in the clinic, her daughter was handed a piece of paper to write down her mother’s name after which a receptionist said it “does not make sense” and would need “a correct one.”

She claimed her daughter ultimately had to get a relative to forward a copy of her mother’s passport.

Dr Gul also gave evidence that she explained her mother’s name was already on Affidea’s system but was told her mother’s name “doesn’t make sense” while the copy of her mother’s passport that she had obtained was disregarded by the receptionist.

She claimed she was embarrassed by what happened as the receptionist spoke loudly enough for other patients in the waiting area to hear.

WRC adjudication officer, Patricia Owens, said the evidence of the receptionist, Karen Fitzpatrick – who had denied making the comments alleged by the complainants – was “evasive and, at times, “disrespectful.”

Owens said the witness was dismissive towards the complainants’ legal representative to the point of “smirking” at some questions.

The WRC official said she could not reconcile Ms Fitzpatrick’s testimony that she could see the patient’s appointment in the system but still required Dr Gul to get her mother’s ID because she claimed the GP could not spell her mother’s name correctly.

Owens said Dr Gul was put to extraordinary lengths to verify her mother’s identity, which was done in “a demeaning and disrespectful manner".

She accepted that other white and Irish patients were not subjected to the same treatment and that most of the receptionist’s evidence was inconsistent and did not make sense.

The WRC heard that Dr Gul was also refused entry to a changing area to help her mother on grounds of infection control.

The GP claimed she could see that an elderly Irish patient was permitted to have someone to assist them but not her mother because Fitzpatrick deemed that Ms Nisa was fit enough to look after herself without seeking any clinical input.

Owens said she could not accept the receptionist’s position as Ms Nisa was elderly and frail with a nervous disposition as well as not speaking English.

She concluded that Dr Gul was unreasonably prevented from accompanying her mother to the changing area and they were treated differently to an elderly Irish patient.

Owens said she did not accept Affidea’s view that at most the events of the day could be described as “a slight fall-off in service” and said the receptionist’s actions and behaviour were excessive.

The WRC did not uphold complaints that Nisa’s headscarf was removed in a public area and that she was pushed by a male staff member, as she concluded her daughter had removed the scarf while she was “overwhelmed by events” and Dr Gul accepted her mother was not pushed.

The WRC ordered Affidea to pay Ms Nisa compensation of €7,000 as well as €5,000 to Dr Gul.

The company was also directed to review its policies to ensure it was compliant with equality legislation as well as to provide training for all staff on diversity and inclusion.