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

McGrath Donie and O’Sullivan Michelle ()
Additional contact information
McGrath Donie: Department of Work & Employment Studies, Kemmy Business School, University of Limerick, Ireland
O’Sullivan Michelle: Department of Work & Employment Studies, Kemmy Business School, University of Limerick, Ireland

The Irish Journal of Management, 2022, vol. 41, issue 1, 37-51

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.

Keywords: anti-discrimination; law; disability; accommodation; workers; employers (search for similar items in EconPapers)
Date: 2022
References: View references in EconPapers View complete reference list from CitEc
Citations:

Downloads: (external link)
https://doi.org/10.2478/ijm-2022-0004 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:vrs:irjman:v:41:y:2022:i:1:p:37-51:n:2

DOI: 10.2478/ijm-2022-0004

Access Statistics for this article

The Irish Journal of Management is currently edited by Edel Conway and Jonathan Lavelle

More articles in The Irish Journal of Management from Sciendo
Bibliographic data for series maintained by Peter Golla ().