Ireland

Ireland

At a glance

• Ireland has a number of laws governing disability inclusion for employees, customers and members of the public. 

• Ireland has signed and ratified the UN Convention on the Rights of Persons with Disabilities. 

Key stats

• 22 per cent of people in Ireland have a long-term health condition or disability, according to the 2021 census (Disability Federation of Ireland). 

• 32.6 per cent of disabled people in Ireland are employed, the lowest rate in the EU (Disability Federation of Ireland).  

• The disability employment gap in Ireland is 38.6 per cent (Disability Federation of Ireland). 

The law

• Disability legislation: 
  • Equal Status Acts (2000-2018) – A series of laws that outlaw discrimination against protected groups (including disabled people). They also require providers of goods and services to make ‘reasonable accommodations’ for disabled people. 
  • Employment Equality Acts (1995-2015) – These ban discrimination, ban victimisation and harassment. They require employers to make ‘reasonable accommodations’ for disabled employees and allow for positive action to promote equality in the nine areas of employment it covers. 
  • Disability Act (2005) – Requires government departments and other public bodies to ensure their premises, communications and services are accessible to disabled people. 

• Definition of disability: The Equal Status Acts and the Employment Equality Acts define disability as: 
  • a) The total or partial absence of a person’s bodily or mental functions, including the absence of a part of a person’s body;
  • b) The presence in the body of organisms causing, or likely to cause, chronic disease or illness; 
  • c) The malfunction, malformation or disfigurement of a part of a person’s body;
  • d) A condition or malfunction which results in a person learning differently from a person without the condition or malfunction, or;
  • e) A condition, disease or illness which affects a person’s thought process, perception of reality, emotions or judgement or which results in disturbed behaviour.”

Language

• Official languages – Ireland has two official languages: English and Irish. Acceptable language around disability in Irish English may differ from norms in other English-speaking countries. 

• Irish – Organisations operating in Ireland should be able to speak confidently about disability in Irish. Refer to the National Disability Authority’s Advice Paper on Disability Language and Terminology for Irish-language guidance on talking about disability. 

• Reasonable accommodations – When referring to changes to reduce or remove barriers for disabled employees or customers, Irish laws talk about ‘reasonable accommodations.’ 

• Person-first and identity-first language – The National Disability Authority (NDA) recommends using either person-first language (person with a disability) or identity-first language (disabled person) depending on the context. Their 2021 consultation with Disabled People’s Organisations found a preference for identity-first language among most respondents (Advice Paper on Disability Language and Terminology). 

• Unacceptable language: 
  • ‘Handicapped’ – This is not considered acceptable to say in Ireland about a disabled person. Say ‘disabled’ or ‘person with a disability’ instead. 
  • Collective nouns – Such as ‘the disabled’ or ‘the blind’, terms like these are not generally acceptable. Say ‘disabled people’ or ‘blind people’ instead. 
  • Autism spectrum disorder – The NDA recommends avoiding this term because ‘disorder’ suggests that autism is a defect rather than a difference. Say ‘autism’ or ‘autism spectrum’ instead. 

• Further guidance – The NDA has created an Advice Paper on Disability Language and Terminology. This includes guidance on models of disability that are prevalent in Ireland, advice for talking about disability, and a list of terms not to use. This guidance is available in English and Irish. 

Employment

• Adjustments / accommodations – The Employment Equality Acts require employers to make ‘reasonable accommodations’ for disabled employees. Employers do not have to hire people who cannot do the job, but they cannot decide that a disabled person is incapable of the job without considering ‘appropriate measures’ to support that person to do the job. The Irish Human Rights and Equality Commission has more guidance on Disability and Reasonable Accommodation. 

• Positive discrimination – Employers are allowed to take ‘positive actions’ to improve representation of protected groups, that are not required by law. This can include giving preference to disabled candidates when selecting – as long as it does not disadvantage another candidate on the basis of their membership of a protected group.  

• Asking for information – Employers can only ask questions about health and disability if the answers are voluntary and anonymous.   

• Quotas – Ireland does not require organisations to meet a set quota of disabled people in their workforce. 

• Data – Employers are neither required nor forbidden from monitoring diversity in their workforce. Any data that is collected must comply with data protection laws and disability discrimination laws. 

• Incentives: 
  • Reasonable Accommodation Fund – A government scheme that provides grants to disabled employees and their employers for reasonable accommodations. 
  • JobsPlus – Employers that hire eligible unemployed people can claim money from this scheme. Eligible people include those receiving Disability Allowance and Blind Pension. See the Irish Government’s website for more information. 
  • Wage Subsidy Scheme – Private sector employers can claim subsidies if they employ a disabled person whose disability results in a loss of productivity of 20 per cent or more. See the Irish Government’s website for more information. 

Customers

• The Equal Status Acts require providers of goods and services to provide ‘reasonable accommodations,’ ‘special treatment,’ or alternative facilities for disabled customers. 

Built environment

• Standards for physical accessibility are set out in Technical Guidance Document M. This sets the requirements for new buildings. It also establishes how existing premises should be adapted to be accessible for disabled users. 

Digital accessibility

• European Accessibility Act – Ireland has passed one of the toughest laws to implement the European Accessibility Act. This requires providers of a range of digital products and services to meet a minimum standard of accessibility. It applies to public bodies and private businesses. Penalties for non-compliance include fines and imprisonment. 

• Disability Act – This requires public bodies’ apps and websites to meet at least WCAG (Web Content Accessibility Guidelines) 2.1. 

Country-specific disability organisations

• National Disability Authority – An independent statutory body that supports the Irish government to develop inclusive policies and practices. 

• Irish Human Rights and Equality Commission – An independent public body that seeks to promote human rights, including those of disabled people. Their website has a range of resources about disability inclusion in Ireland. 

• Disability Federation of Ireland – A federation that brings together member organisations to implement the UN’s Convention on the Rights of Persons with Disabilities. Their website has guidance on disability inclusion in Ireland. 

Case studies and videos

Global Conference 2023

Listen to EY’s Melissa Bosch at our 2023 Global Conference discuss inclusive recruitment in Ireland:

Melissa also later discussed creating an inclusive environment for graduate new starters:

Finally, Melissa explained why disability inclusion for employees with intellectual disabilities is important to EY in Ireland:

All the sessions from our 2023 Global Conference are available to watch. You can see clips from past events on our Conferences page.

Would you like to showcase your organisation’s work on our Knowledge Hub? Contact enquiries@businessdisabilityforum.org.uk.