Dáil Éireann Debate, Thursday - 27 March 2014
148. Deputy Terence Flanagan asked the Minister for Justice and Equality his plans to review existing employment legislation to ensure that it is favourable to persons with intellectual disabilities; and if he will make a statement on the matter. [14523/14]
View answerIreland has comprehensive legal protection against discrimination on the ground of disability. Persons with disabilities, including persons with intellectual disabilities, are protected from discrimination and afforded reasonable accommodation in the field of employment, under the Employment Equality Acts 1998 to 2011.
While the Employment Equality Acts place no specific obligation on an employer to recruit, promote, or retain a person who is not fully competent and available to undertake the duties of the position, the employer before coming to such a conclusion must consider whether the person would be capable of the duties with the provision of reasonably appropriate measures. Such measures must then be taken unless they would impose a disproportionate burden on the employer. This is known as 'reasonable accommodation' in respect of the person's disability. In enforcing their right to non-discrimination, persons with disabilities and their carers may seek advice from the Equality Authority. Additionally, if they feel they have been discriminated against contrary to law, they may make a complaint to the Equality Tribunal. While I have no plans to bring forward amending legislation at present, my Department keeps employment equality legislation under ongoing review.
