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What is Reasonable? The Operation of ‘Reasonable Accommodation’ and ‘Disability’ Provisions Under The Employment Equality Acts 1998–2015

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Listed:
  • McGrath Donie
  • O’Sullivan Michelle

    (Department of Work & Employment Studies, Kemmy Business School, University of Limerick, Ireland)

Abstract

Anti-discrimination legislation is a key policy measure used to improve employment outcomes for people with disabilities. Law though is not necessarily value-free and can be underpinned by various discourses notably the medical and social model of disability. This article examines the process and outcomes of legal complaints taken by employees against employers relating to reasonable accommodation provisions of the Employment Equality Acts 1998–2015. We find that legal claims can involve a medicalised inquiry process while a more social model is evident regarding accommodations provisions. Accommodations sought by employees overwhelming related to a modification of their role rather than the physical environment. The success rates for employee claimants in legal cases is relatively low but case law has developed the procedural obligations of employers in dealing with disability issues. The findings are based on an analysis of adjudicated decisions under the legislation and the views of expert practitioners.

Suggested Citation

  • McGrath Donie & O’Sullivan Michelle, 2022. "What is Reasonable? The Operation of ‘Reasonable Accommodation’ and ‘Disability’ Provisions Under The Employment Equality Acts 1998–2015," The Irish Journal of Management, Sciendo, vol. 41(1), pages 37-51, July.
    • Handle: RePEc:vrs:irjman:v:41:y:2022:i:1:p:37-51:n:2
    DOI: 10.2478/ijm-2022-0004
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    References listed on IDEAS

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    1. Nancy R. Mudrick, 1997. "Employment Discrimination Laws for Disability: Utilization and Outcome," The ANNALS of the American Academy of Political and Social Science, , vol. 549(1), pages 53-70, January.
    2. Watson, Dorothy & Banks, Joanne & Lyons, Seán, 2015. "Educational and Employment Experiences of People with a Disability in Ireland: An Analysis of the National Disability Survey," Research Series, Economic and Social Research Institute (ESRI), number RS41, June.
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