Expert Legal Support for Disability Discrimination in the Workplace
If you need expert legal advice on disability discrimination in the workplace, Employment Law Solicitor is here to help. Our experienced employment law team provides guidance to both employers and employees on all aspects of disability discrimination. We have a strong track record of achieving successful outcomes through both formal and informal resolution methods.
Speak with one of our Dublin-based specialist employment solicitors to discuss how we can best support you in your workplace discrimination case.
What is the law on disability discrimination in Ireland?
The Employment Equality Acts prohibit both direct and indirect discrimination in employment based on various grounds, including disability, gender, marital status, family status, sexual orientation, religion, age, race, and membership of the Traveller community. The Acts broadly define disability to include a wide range of physical, mental, and neurological conditions.
What is the legal definition of a disability?
Under Irish law, disability includes:
- Partial or total loss of bodily or mental functions, including missing body parts
- Chronic illnesses or diseases
- Physical disfigurements, malfunctions, or malformations
- Learning disabilities or differences
- Conditions that affect thought processes
Does a disability need to be permanent or temporary?
No. The legal definition includes temporary, past, future, and imputed disabilities. The Workplace Relations Commission (WRC) and Labour Court have both ruled that temporary disabilities also fall under the Employment Equality Acts‘ protection.
Can an employer dismiss me due to my disability?
Employers are entitled to ensure that employees can perform their required job duties. However, if an employer dismisses an employee based on assumptions about their disability—without a proper medical or occupational assessment—this may be considered discriminatory dismissal and could be legally challenged.
What is ‘reasonable accommodation’ under Irish disability laws?
A reasonable accommodation is a modification or adjustment made by an employer to support employees with disabilities in performing their job. Under the Employment Equality Acts, an employer is not legally required to retain an employee who cannot perform essential job functions, even with accommodations. However, if reasonable accommodations enable the employee to fulfill their role, any dismissal may be considered unlawful.
What are some examples of reasonable accommodations for a disability?
Employers may provide accommodations such as:
- Modifications to workplace premises or equipment
- Adjustments to working hours or schedules
- Redistribution of tasks within a team
- Additional training or support
However, the law limits accommodations to those that do not impose a disproportionate burden on the employer.
How do I file a complaint about workplace disability discrimination?
Employees should first raise concerns internally through their employer’s grievance process. If the issue is not resolved satisfactorily, a complaint can be filed with the Workplace Relations Commission (WRC) for adjudication. In some cases, civil legal remedies may also be available.
Do I need a solicitor to file a disability discrimination claim?
While it is possible to bring a WRC claim without legal representation, consulting an employment solicitor is highly recommended. A solicitor can help ensure that your case is well-prepared, supported by relevant evidence, and maximizes your chances of success.