A woman who has muscular dystrophy responded to an advertisement offering employment (on a ship). The advertisement did not specify any physical requirements for the position. The woman was invited to an interview and informed the prospective employer by phone of her mobility disability, inquiring also about access to the venue for the interview. She was told there would be five steps. She indicated she could manage this, with assistance, but no more than this.

The woman alleged that the prospective employer told her there would be no point in attending the interview as the position required working where there were many stairs. The woman deferred this discussion until her interview.

Upon arriving at the venue the woman was confronted by sixteen, not five, steps. The interviewer came out and spoke to the woman while she remained in the taxi and an interview was scheduled for the next day at an alternative venue.

The Commission found that the arrangement of the interview in an inaccessible building that had sixteen steps, despite the complainant informing the respondent of her inability to access such a building, was unlawfully discriminatory and awarded $2,130 damages to the woman.