Disability Discrimination Solicitor

We are here for you when you need expert legal advice on disability discrimination in the workplace. Crushell & Co employment solicitors have extensive experience in advising both employers and employees on all aspects of disability discrimination in the workplace. We have a track record of achieving successful outcomes for our clients, through both formal and informal mechanisms.

Speak to one of our Dublin based specialist employment solicitors to determine how we can best assist you with your disability discrimination in the workplace issue.

What is the law on disability discrimination in Ireland?

The Employment Equality Acts prohibit direct and indirect pay discrimination on the grounds of gender, marital status, family status, sexual orientation, religion, age, disability, race and being a member of the Traveller community. The definition of disability in the Acts sets out in general terms the broad nature of conditions or impairments which could give rise to a disability for the purposes of the Acts.

What is the legal definition of a disability?

Disability can mean: the total or partial absence of a person's bodily or mental functions, including the absence of a part of a person's body; chronic disease or illness; the malfunction, malformation or disfigurement of a part of a person's body; a condition or malfunction which results in a person learning differently; or a condition, illness or disease which affects a person's thought processes.

Does a disability need to be permanent or temporary?

The definition includes temporary disabilities, imputed disabilities, past disabilities and future disabilities. Both the Workplace Relations Commission and Labour Court have held that disabilities which are of a temporary nature can come within the ambit of protection of the Employment Equality Acts. 

Can an employer dismiss me due to my disability?

An employer is entitled to have capable and competent employees who are able to perform the roles attached to the position. However, any assumptions about the ability of the employee to continue in employment due to their disability in the absence of any medical or occupational assessment will render a dismissal a discriminatory dismissal. 

What is a 'reasonable accommodation' under Irish disability laws?

A reasonable accommodation is a physical or practical measure taken by an employer to facilitate the employment of an employee suffering from a disability. The Employment Equality Acts recognises the fact that there is no legal obligation of an employer to retain an employee who even with the provision of reasonable accommodation is not able to perform the essential functions of their jobs. However, where reasonable accommodation does render them able to do their duties, any purported dismissal would be considered unlawful.

What are some examples of reasonable accommodations for a disability?

 Reasonable measures include adaption of premises or equipment, patterns of working time, distribution of tasks and the provision of training. However reasonable accommodation is not absolute and the measures required to enable a person to have access to employment, participate and advance in employment and undergo training are capped at a disproportionate burden.

How do I make a complaint that I have been discriminated at work due to my disability?

It is always recommended that employers be afforded an opportunity to address any workplace concerns, complaints or grievances, in the first instance. If an employee does not achieve an adequate response, they may bring a claim to the Workplace Relations Commission, where the matter may be adjudicated. There may also be civil remedies available.

Do I need a solicitor to bring a claim for disability discrimination at work?

It is always recommended that employers be afforded an opportunity to address any workplace concerns, complaints or grievances, in the first instance. If an employee does not achieve an adequate response, they may bring a claim to the Workplace Relations Commission, where the matter may be adjudicated. There may also be civil remedies available.