Pitfalls and Progress: Reasonable Accommodation for Workers with Disabilities in Ireland
(2018) 41 Dublin University Law Journal 77
19 Pages Posted: 1 Mar 2018 Last revised: 19 Apr 2019
Date Written: February 20, 2018
This article examines the duty on employers to provide reasonable accommodation for workers with disabilities. This obligation has existed in Irish law for around 20 years, during which time a considerable body of case-law has accumulated. The article identifies how tribunals and courts have built a sophisticated framework that elaborates upon the language found in the Employment Equality Acts 1998-2015. In particular, there is a strong obligation on employers to follow fair procedures when considering whether measures can be taken to remove or mitigate any barriers to participation in employment. The article reflects on the influences that have shaped the development of the law. Specifically, there is evidence that this is an area where European, international and comparative legal sources have been influential in guiding how tribunals and courts interpret reasonable accommodation.
Keywords: disability, work, reasonable accommodation, Ireland, EU, CRPD
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