Discrimination on grounds of disability has long been a sensitive employment issue and a frequent source of litigation under the employment equality legislation. Today’s email reviews two recent decisions by the Labour Court on appeal that focus specifically on the issue of discriminatory dismissal on grounds of disability. They examine the alleged failure of both employers concerned to treat employees with a disability fairly and to sufficiently investigate providing ‘reasonable accommodation’ in the form of ‘appropriate measures’ to facilitate the employees in question to continue in their employment notwithstanding their disability.

The first case demonstrates that an employer who is not pro-active and does not show the necessary willingness to thoroughly examine the feasibility of reasonable accommodation prior to dismissal