Special Needs Assistant Alleges Mistreatment Over Keffiyeh, Files Equality Claim Against Dublin School

Sarah O’Mahony, a special needs assistant, alleges she resigned from Harcourt Terrace Educate Together National School in Dublin 2 due to «mistreatment» from parents who objected to her wearing a Palestinian keffiyeh scarf and T-shirt.

O’Mahony has filed complaints under the Unfair Dismissals Act 1977 and the Employment Equality Act 1988. Her barrister, Michael Kinsley, stated that management pressured her to stop wearing the items and failed to protect her from parental objections. Kinsley noted that another teacher at the school faced similar issues for wearing a keffiyeh.

O’Mahony relies on the protected ground of «nationality and race» based on her «association with people of Palestinian ethnicity.» The school contests the case. The Workplace Relations Commission (WRC) initially indicated O’Mahony could not pursue claims under both acts simultaneously, leading to the withdrawal of the unfair dismissals case. However, the WRC also «elected to extinguish» the equality claim, which Kinsley argues was improper, leading to a new equality complaint being filed.

Kevin Roche, representing the school, stated that pursuing both cases simultaneously is not permissible under the Employment Equality Act. Adjudication officer Máire Mulcahy has requested written submissions from both parties within four weeks before proceeding.