CURRENT LEGAL ARTICLES

  

  

Disability discrimination remains a significant barrier for many, affecting their access to employment, services, and everyday life. If you have been treated unfairly because of a disability, it’s crucial to know that Irish law provides a strong framework to protect your rights.

This guide will explain what constitutes disability discrimination under Irish law and how our expert legal team can provide the support and representation you need to defend your rights and secure a just outcome.

Under Irish equality legislation, “disability” is a protected ground. The law defines a disability broadly to include:

● Physical, mental, or intellectual disabilities.

● Disabilities that are permanent or temporary.

● Disabilities that exist, have existed in the past, or may exist in the future.

● A person’s association with a person with a disability (e.g., caring for a family member with a disability).

Discrimination on the disability ground means treating someone less favourably than another person in a comparable situation because of their disability. It also includes failing to provide reasonable accommodation.

Ireland’s legal framework provides comprehensive protection against disability discrimination through two key pieces of legislation:

1. The Employment Equality Acts 1998–2015: These Acts make it unlawful for an employer to discriminate against an employee or job applicant on the disability ground. This covers all aspects of employment,      including:

○ Recruitment, selection, and promotion.

○ Terms and conditions of employment.

○ Access to training and work experience.

○ Unfair dismissal or redundancy.

○ Crucially, the Act also requires employers to provide “reasonable accommodation” for a person with a disability unless it would impose a “disproportionate burden” on the employer. Reasonable accommodation may include adapting a workplace, modifying equipment, or adjusting work patterns.

1. The Equal Status Acts 2000–2018: These Acts extend protection beyond the workplace. They prohibit discrimination based on      disability when you are:

○ Accessing goods, services, or facilities (e.g., public transport, shops, restaurants, healthcare).

○ Seeking or renting accommodation.

○ Engaging with educational institutions.

Disability discrimination can be direct or indirect. It also includes the failure to provide reasonable accommodation. Here are some examples:

● Direct Discrimination: An employer refuses to hire a qualified candidate for a desk job simply because they use a wheelchair, without assessing if the workplace can be made accessible.

● Failure to Provide Reasonable Accommodation: A company refuses to purchase a specialised ergonomic keyboard for an employee with a repetitive strain injury, even though it is a low-cost, reasonable request that would allow the employee to perform their job duties.

● Harassment: A person is subjected to offensive comments or jokes about their disability in a workplace or public place.

● Access to Services: A public transport provider fails to make a bus accessible for a person with a mobility impairment, or a restaurant is designed in a way that prevents wheelchair access to its restrooms.

How Green & Associates Can Help You

Navigating the complexities of disability law can be daunting, especially when you are also dealing with the personal impact of discrimination. At Green and Associates Solicitors, we are dedicated to providing clear, empathetic, and effective legal support.

Our Services Include:

1. Confidential Case Assessment: We will listen to your experience with empathy and discretion, providing an honest assessment of your legal position and the strength of your discrimination claim.
2. Strategic Legal Advice: We will clearly explain your rights, outline the available legal avenues, and advise you on the most effective strategy to pursue your claim, including a focus on the duty to provide reasonable accommodation.
3. Claim Preparation and Submission: Our team will meticulously prepare and file your complaint with the relevant body, typically the Workplace Relations Commission (WRC), ensuring all deadlines and procedural requirements are strictly met.
4. Expert Representation: We will represent you during mediation or adjudication hearings at the WRC, powerfully advocating on your behalf to achieve the best possible outcome.
5. Seeking Appropriate Redress: We will work diligently to secure a fair resolution, which may include compensation, an order for equal treatment, an order for the provision of reasonable accommodation, or a declaration of discrimination.

No one should face discrimination because of their disability. If you have been treated unfairly, it is crucial to seek legal advice promptly, as strict time limits apply to all discrimination claims.

Contact Green & Associates today for a confidential consultation. Let us help you understand your rights and support you in achieving the justice and equality you deserve.