Disability, Reasonable Accommodation and the Employer's Obligations: Nano Nagle School V Daly

13 Pages Posted: 10 Sep 2020

See all articles by Desmond Ryan

Desmond Ryan

Trinity College (Dublin)

Mark Bell

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

Date Written: September 1, 2020

Abstract

The duty on employers to provide reasonable accommodation is a well‐established component of disability discrimination legislation, yet it continues to generate litigation in many jurisdictions. This article examines a recent decision of the Irish Supreme Court concerning the extent of the employer's obligations where, after having acquired an impairment, a worker is no longer able to perform all of the functions of her original job. The case also addressed the question of what procedures should be followed by an employer when considering the provision of reasonable accommodation, as well as the need for courts to justify awards of compensation. The issues in Irish law were intertwined with obligations arising from EU and international law instruments. Therefore, the decision is pertinent for other jurisdictions confronting similar challenges.

Suggested Citation

Ryan, Desmond and Bell, Mark, Disability, Reasonable Accommodation and the Employer's Obligations: Nano Nagle School V Daly (September 1, 2020). The Modern Law Review, Vol. 83, Issue 5, pp. 1059-1071, 2020, Available at SSRN: https://ssrn.com/abstract=3689754 or http://dx.doi.org/10.1111/1468-2230.12553

Desmond Ryan (Contact Author)

Trinity College (Dublin) ( email )

2-3 College Green
Dublin, Leinster D2
Ireland

Mark Bell

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

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