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

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

Published:2022-07-01 Issue:1 Volume:41 Page:37-51
ISSN:2451-2834
Container-title:The Irish Journal of Management
language:en
Short-container-title:

Author:

McGrath Donie¹,O’Sullivan Michelle¹

Affiliation:

1. Department of Work & Employment Studies, Kemmy Business School , University of Limerick , Ireland

Abstract

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.

Publisher

Walter de Gruyter GmbH

Subject

General Medicine,General Engineering

Link

https://www.sciendo.com/pdf/10.2478/ijm-2022-0004

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