In this client briefing, we focus on two "hot topics"
in the world of employment equality law, namely employment medicals
and discrimination and flexible working requests.
Employment Medicals and Discrimination
Introduction
Many employers offer
prospective employees a position subject to "satisfactory
medical". Where the medical is not
"satisfactory" an employer is faced with a
difficult decision in respect of the candidate's future. Where
a candidate is not offered a position in reliance on a medical,
this could ultimately be deemed to amount to discrimination on the
grounds of disability.
The Equality Tribunal and
Labour Court have recently considered the appropriateness of
pre-employment medicals in the employment arena as outlined below.
It should be noted that pre-employment medicals are often very
important in the broader employment context, particularly where an
employer proposes to engage an employee in a safety critical role.
They also provide
