The Labour Court overturned the Equality Officer’s €2,500 age discrimination award to Sean Clifford after upholding Aosdána’s appeal. Its determination was signed on 22 April 2005.
Clifford was 26 when he was told applicants had to be over 30 to join Aosdána. The Equality Officer found age discrimination and awarded him €2,500. Aosdána argued on appeal that it was an honorary affiliation for artists, not a professional or trade organisation covered by section 13 of the Employment Equality Act 1998. Clifford argued that membership and its benefits brought it within that provision.
The Court found that Aosdána did not regulate artists’ professions, control entry to artistic work or substantially affect anyone’s ability to practise a trade or profession. It concluded that Clifford could not bring the complaint under section 13(b), upheld Aosdána’s appeal and overturned the Equality Officer’s decision and award.