Update On The Practical Application Of Discrimination Law

In this hot topics article, we look at recent case law for lessons on how an employer can successfully defend a claim of discrimination where an employee has a legal disability.  The Nano Nagle v Daly [2019] IESC 63 Supreme Court decision has crystallised reasonable accommodation and the duties of employers in complying with Section 16 of the Employment Equality Acts 1998-2015 (EEAs).  While this case is now waiting for a full rehearing before the Labour Court, the Supreme Court decision offers employers useful guidance and welcome clarity.  For example, it is now clear that an employer does not have to create a new role for a (legally) disabled employee.  It is also clear that an employer’s adherence to and consideration of the various elements of the reasonable accommodation test is a high bar to meet and is indisputably onerous.