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Equality Tribunal rejects patient’s gender discrimination complaint over hospital care

By Eimear Byrne

Workplace decision ·

The Equality Tribunal rejected a female patient’s gender discrimination complaint against a health service provider and a hospital over the care and facilities available to her. Equality Officer Tara Coogan dated the decision 1 December 2010.

The patient said women had fewer therapeutic units than men and no external hostel option, which she argued hampered her rehabilitation. The health service provider said treatment options and security arrangements reflected clinical judgment and her needs.

The Equality Officer found that health services, including involuntary treatment, were within the Tribunal’s jurisdiction and accepted the provider as the correct respondent. While arrangements differed for male and female patients, the evidence did not show that she received less favourable treatment because of gender.

Expert evidence supported the care provided, and accompanied and unaccompanied visits were considered more suitable for her than a hostel stay. The officer found the discrimination case had been rebutted under section 16(2), and the complaint failed.

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