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

See all articles by Mark Bell

Mark Bell

Trinity College Dublin; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: February 20, 2018

Abstract

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

Suggested Citation

Bell, Mark, Pitfalls and Progress: Reasonable Accommodation for Workers with Disabilities in Ireland (February 20, 2018). (2018) 41 Dublin University Law Journal 77, Available at SSRN: https://ssrn.com/abstract=3126831

Mark Bell (Contact Author)

Trinity College Dublin ( email )

School of Law
College Green
Dublin, 2
Ireland

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
71
Abstract Views
310
rank
395,479
PlumX Metrics