The Workplace Relations Commission (WRC) has awarded € 3000 in compensation to a single mother who alleged that she was discriminated against by a letting agent. The complainant referred a complaint to the WRC, which has jurisdiction over complaints under the Equal Status Acts.
By way of background, the complainant is a single mother who sought to arrange a viewing of a two-bedroom apartment for herself and her young daughter. The apartment was advertised as being suitable for two tenants; however, when she contacted the letting agent via email, in which she disclosed that she was ‘a single mum with one toddler’, the agent responded by email that the landlord was only looking for couples. The complainant gave evidence to the WRC adjudicator that by reason of this email, she saw no point in seeking to arrange a viewing. The respondent’s representatives alleged that their reason for preferring two tenants is that it more practical and economic; however, if the complainant had been able to demonstrate that she alone could afford to pay the rent and could provide references, this “would have changed the whole thing”. The complainant sought to rely on section 25 of the Equal Status Act 2000; asserting that she had been discriminated against in the provision of private rented accommodation as a single mother, on the grounds of civil status and family status.
The issue before the WRC adjudication officer, was whether the complainant was discriminated against, on one or both of the alleged grounds. He noted the disparity between both parties on how the emails furnished should have been interpreted, but rejected the respondent’s assertion that if the complainant had attended the viewing, the situation would have been different. In the officer’s view, this was merely hypothetical, and the damage was already done as the wording of the email sent a clear message that single persons were not wanted. However, nothing in the emails suggested prohibited conduct on the family status ground.
It was held that the choice of words in the letting agent’s email showed a prima facie case that prohibited conduct had taken place on the civil status ground, and that the complainant was treated less favourably than a couple would have been in the circumstances. As such, this satisfied the requirements of the Equal Status Acts and it was held that there had been discrimination on this ground. The complainant had not satisfied the WRC that there was discrimination on the family status ground. The complainant was awarded € 3000 in compensation, the equivalent of two months’ rent.
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