Reasonable Accommodation Under the Employment Equality Acts: Irish Employer Guide

Under the Employment Equality Acts, an employer must take "appropriate measures" so that a person with a disability can apply for a job, do it, progress in it and get training. In practice this is usually called reasonable accommodation. This guide sets out what the official pages say about it, where the limits are, and how a Dublin employer might handle a request, with our own suggestions clearly labelled. Accommodation questions often arise alongside long-term absence, so it also touches on unfair dismissal for employers.

What the Employment Equality Acts require

According to the IHREC page on disability and reasonable accommodation (no date shown on the page), an employer must take appropriate measures to meet the needs of disabled people in the workforce. The page describes these as "effective and practical changes that the employer puts in place". Their purpose is equal opportunity in applying for work, equal treatment with co-workers, equal chances of promotion and access to training.

Citizens Information (page "Working with a disability", edited 15 August 2024) says the Employment Equality Acts 1998-2015 make it illegal to discriminate on the ground of disability in employment, training and recruitment. It also says employers must take reasonable steps to accommodate employees with disabilities, which can include changes to the job or the workplace.

Two practical points follow from the IHREC page:

• An employer cannot decide that a person with a disability is incapable of doing a particular job without first considering whether support measures could make it possible.
• An employer does not have to recruit, promote, retain or train someone who lacks the capacity for the job, and is not obliged to provide something the person would normally provide for themselves.

What counts as an appropriate measure

The IHREC page and the Citizens Information page give similar examples. None of these is a checklist the law requires in every case. They show the range of what has been treated as reasonable.

• Adapting premises or equipment, for example ramps, screen-access computers for visually impaired staff or hearing loop systems.
• Changing working hours or attendance patterns, including flexible hours.
• Allowing home working or part-time or remote arrangements.
• Providing training or other supports.
• Reassigning some tasks, after consulting the employee.

The IHREC factsheet on disability discrimination and reasonable accommodation (page states "last updated December 2023") adds examples such as an Irish Sign Language interpreter at an interview. It also gives examples of measures that may be unreasonable, such as costly premises changes for a small business, creating a role that is not needed, or a lift that is structurally impossible to install.

The cost limit: disproportionate burden

Employers do not have to take a measure that would impose a "disproportionate burden". The IHREC page says the factors include the financial cost, other costs such as staff time or the effect on productivity, and the size and financial resources of the business. The IHREC factsheet lists three factors: the cost of the measure, the size and financial resources of the business, and whether grants or public funding are available.

You may see older summaries that talk about "nominal cost". None of the official pages we opened for this guide uses that term. The IHREC page states that "many reasonable accommodation measures would not necessarily have a cost implication", and Citizens Information says employers are not required to make accommodations if the cost is excessive. We could not open the text of the legislation itself, so this guide does not quote the statutory wording. If a cost argument matters in a real case, check the current text of the Acts or take legal advice.

Check funding before you refuse on cost

The IHREC page says that before claiming a disproportionate burden, an employer must first check whether public funding or grants are available, since these may make the change possible. The IHREC factsheet says the Department of Social Protection's Reasonable Accommodation Fund can help with costs, and that an employer who thinks a measure is too expensive must formally assess the options and cannot simply refuse. It also says that if cost is the reason, the employer must be able to show proof.

Citizens Information describes support schemes for employers hiring or retaining employees with disabilities under the Work and Access programme, including the Wage Subsidy Scheme. That page does not mention the Reasonable Accommodation Fund, and we did not open a Department of Social Protection page, so confirm current schemes and terms with the Department.

Talking to the employee and asking for medical information

According to the IHREC factsheet, accommodation is decided case by case. Employers are not legally required to consult the employee but are advised to, and refusing a request without first discussing the assessment process is described as a failure of meaningful participation. The factsheet also says:

• Employers may ask for a medical or occupational assessment.
• There is no obligation to disclose a disability, but an employer cannot provide accommodation it does not know is needed.
• Where a disability could expose the employee or others to danger, disclosure is legally required.

The factsheet also summarises a Supreme Court case in which a Special Needs Assistant was dismissed after trying to return to work. It reports the court's guidance that accommodation can involve redistributing core duties as well as non-core tasks, and that employers must explore public funding or other assistance when considering whether they can afford accommodation.

A practical approach for Dublin employers

The following steps are our suggestion, not a legal requirement. They are built from the official points above.

• Our suggestion: keep a short written record. Note the request, the options considered, who was consulted, any medical or occupational input, and the reasons for the decision. If cost is the reason, record the figures and the funding you checked.
• Our suggestion: make one person the contact. Employees are more likely to raise needs early if they know who to approach and that the information will be handled confidentially.
• Our suggestion: review after a trial period. A change that works in one role may need adjusting later, and the IHREC factsheet describes the process as case by case.
• Our suggestion: separate this from sick leave. Statutory sick pay is a different entitlement, covered in our statutory sick leave guide.

Dismissal on grounds of ill health is a related risk. Citizens Information notes that an illness that is considered a disability may bring additional rights under employment equality legislation. For the fair-procedure side, see the unfair dismissal guide linked at the top of this page.

If a complaint is made

Citizens Information (page "Disputes about equality and discrimination", edited 10 March 2025) says employment discrimination complaints go to the Workplace Relations Commission and must be brought within 6 months of the discrimination, with a further 6 months possible for reasonable cause. It describes mediation as voluntary, private and confidential, and says appeals in employment cases go to the Labour Court within 42 days of the decision. The page does not list award amounts; it says outcomes may include compensation or an order for equal treatment or for a specified action.

Learnsignal's offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.

Frequently asked questions

Does an employer have to make every adjustment an employee asks for?

No. The IHREC page says employers need not take measures that would be a disproportionate burden, and need not provide something a person would normally provide for themselves. But it also says the employer cannot simply refuse: the options must be considered, including whether public funding is available.

Does the employee have to tell the employer about a disability?

The IHREC factsheet says there is no obligation to disclose a disability, but accommodation cannot be provided unless the employer knows about the need. It also says disclosure is legally required where the disability could put the employee or others in danger.

Can an employer ask for a medical report?

According to the IHREC factsheet, yes, an employer may ask for a medical or occupational assessment. Our suggestion is to explain why it is needed and how the information will be used and stored.

How long does an employee have to bring a complaint?

Citizens Information (page edited 10 March 2025) says 6 months from the discrimination, with a possible further 6 months for reasonable cause. Check the current position if a time limit is close.

This guide is general information based on the pages named above and is not legal advice. For a specific case, take advice from a qualified employment lawyer or contact the Workplace Relations Commission.