What is Reasonable? The Operation of ‘Reasonable Accommodation’ and ‘Disability’ Provisions Under The Employment Equality Acts 1998–2015
oraz | 04 lip 2022
O artykule
Article Category: Research Article
Data publikacji: 04 lip 2022
Zakres stron: 37 - 51
DOI: https://doi.org/10.2478/ijm-2022-0004
Słowa kluczowe
© 2022 Donie McGrath et al., published by Sciendo
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Expert Practitioners
| Regional Director, Irish Business and Employers Confederation (IBEC) | Extensive experience representing employers in employment equality cases |
| HR Director, Multinational company | The company was the respondent in a seminal legal case on disability discrimination taken by an employee |
| Advocacy representative, Irish Wheelchair Association | Acts as a voice for disabled people; lobbies policy makers on disability related issues |
Reasonable accommodations sought by complainants
| Transfer/Light duties | 47 |
| Not stated | 18 |
| Adjustment to working hours | 11 |
| Equipment purchase | 4 |
| Infrastructure adjustment/provision | 3 |
| Hire another worker to assist/substitute for complainant | 2 |
| Roll over of fixed-term contract | 2 |
| Paid to attend medical appointments | 2 |
| Training for different role | 1 |
| Weighted score in promotion interview to compensate for disability | 1 |
| New disciplinary process that allows the introduction of disability related evidence | 1 |
| Change of Manager | 1 |
| Hire temporary cover during unpaid sick leave | 1 |
| Repeat of hearing test while complainant is wearing hearing aids | 1 |
| Total | 95 |
Sector of employment of complainants
| Manufacturing | 20 |
| General Public Service | 14 |
| Retail | 12 |
| Local Gov. and Civil Service | 9 |
| Leisure/Hospitality | 6 |
| Driving | 4 |
| Warehousing | 4 |
| Construction | 2 |
| Caring (non-medical) | 2 |
| Security | 2 |
| Others | 20 |
| Total | 95 |
Types of disability cited by complainants
| Type of Disability Cited | No. of decisions | Type of Disability Cited | No. of decisions |
|---|---|---|---|
| Back injury | 18 | Bowel Condition | 1 |
| Diabetes | 6 | Chest pain | 1 |
| Depression | 5 | Elbow joint impairment | 1 |
| Eyesight | 5 | Limited Hand function | 1 |
| Stress | 5 | Infertility | 1 |
| Not stated | 4 | Imputed Depression | 1 |
| Mental Health | 4 | Kidney Failure | 1 |
| Hearing Impairment | 3 | Knee pain | 1 |
| Cancer | 3 | Lupus | 1 |
| Asthma | 2 | Lymphoedema | 1 |
| Balance | 2 | Multiple Sclerosis | 1 |
| Epilepsy | 2 | Narcolepsy | 1 |
| Fibromyalgia | 2 | Limited Neck function | 1 |
| Heart | 2 | Obsessive Compulsive Disorder | 1 |
| Hypertension | 2 | Phobia | 1 |
| Hypothyroidism | 2 | Schizophrenia | 1 |
| Acute chest infection | 1 | Shoulder | 1 |
| Alcoholism | 1 | Speech impediment | 1 |
| Anxiety | 1 | Ulcerative colitis | 1 |
| Arthritis | 1 | Varicose veins | 1 |
| Asperger’s | 1 | Long term wrist injury | 1 |
| Bipolar | 1 | Brain Haemorrhage | 1 |
| Total | 95 |