Supporting Legislation

• What is a Disability Under the Law?
  Republic of Ireland, All Employers

  The definition of disability contained within different pieces of legislation varies slightly, but not significantly. In society more generally, often the public perception of what constitutes a disability is much narrower than in reality. AHEAD research shows for example that Irish employers tend to think of physical disabilities first and foremost when asked about disability and are less likely to hold awareness that non-visible disabilities, such as mental health conditions or learning difficulties also fall under disability legislation.

  In fact, in their totality, the definition provided within relevant acts (e.g. Employment Equality Acts, Equal Status Acts) is broad and wide-ranging, and includes physical, intellectual, learning, cognitive, emotional, or medical conditions. Although specific conditions are not named within the acts, case law has established that the definition includes, for instance, depression, epilepsy, claustrophobia and agoraphobia, alcoholism, facial scarring, Attention Deficit Hyperactivity Disorder, HIV infection, diabetes, and dyslexia.

• Employment Equality Acts 1998–2015
  Republic of Ireland, All Employers

  The Employment Equality Acts prohibit discrimination on nine protected grounds, (one of which is disability), across all stages of employment—from advertising roles, recruitment and training to promotion and dismissal. Employers are legally required to ensure that disabled employees are treated fairly and are not subject to harassment or less favourable treatment.

  In the Acts discrimination is considered to take many forms including direct discrimination (explicitly because one has a disability) and indirect discrimination (where one is disadvantaged unintentionally because disability has not been considered).

  The Acts include a key duty to provide ‘reasonable accommodations’ to enable disabled people to access, participate in, and advance in employment, unless doing so would impose a ‘disproportionate burden’ on the employer.

  Case law has established that a disproportionate burden is not be the same for every employer or enterprise and the term may be interpreted in a relative sense. The threshold for what is considered a disproportionate burden for a large enterprise with significant resources employing hundreds of people will not be the same as that of a small business.

  Reasonable accommodations may include adjustments to recruitment practices, flexibility in working hours, provision of assistive technologies or professional supports (like a sign language interpreter), physical modifications to the workplace, or changes to job duties. Employers must also avoid assumptions about an individual’s capabilities and instead assess whether accommodations would enable them to perform the role.

  The Workplace Relations Commission (where employment equality cases are heard) can instruct employers to award compensation to successful complainants of up to €40,000 for violations of the Acts.

  The Acts also introduce the concept of ‘positive action’, which allows employers to offer more favourable treatment to disabled people than others. Examples of positive action include offering targeted recruitment drives for disabled people or offering more flexible work arrangements to disabled employees.

  IHREC guide to the Employment Equality Acts.

  Employment Equality Act 1998 – full text.

• Disability Act 2005
  Republic of Ireland, Public Sector Bodies

  The Disability Act 2005 places statutory obligations on public service bodies to promote and support the employment of people with disabilities. Under Part 5 of the act, public bodies were originally obligated to take all reasonable measures, insofar as practicable, to ensure that at least 3% of their workforce comprises people with disabilities. This target has since been raised to 6% by 2025 under the Comprehensive Employment Strategy and written into law in the Assisted Decision-Making (Capacity) (Amendment) Act 2022. Public bodies are also required to report annually on their compliance with this target, and the National Disability Authority has a statutory function to track and report on public sector progress.

  In addition to employment targets, the Act mandates that public bodies comply with any Statutory Codes of Practice approved by the relevant Minister and take steps to ensure accessibility of services, information, and public buildings. The Act also established the Centre for Excellence in Universal Design, which promotes inclusive design across environments, products, and services. These obligations are designed to embed accessibility and inclusion into the fabric of public sector operations and employment practices.

  Implementing the WIDE Framework can support public sector employers to recruit more disabled people, develop workplaces where they can succeed and create a safe information-sharing environment where more existing employees feel comfortable sharing their disability status.

  AHEAD FAQ on the Disability Act 2005.

  Disability Act 2005 full text.

• Corporate Sustainability Reporting Directive (CSRD)
  EU, Large Companies and Listed SMEs in Ireland

  The Corporate Sustainability Reporting Directive (CSRD), transposed into Irish law via the Corporate Sustainability Reporting Regulations 2024, significantly expands the scope and depth of sustainability disclosures required from companies operating in Ireland. It currently applies to large companies (meeting two of the following: €50M+ turnover, €25M+ balance sheet, 250+ employees), listed SMEs, and certain non-EU companies with substantial EU operations. Reporting obligations will be phased in over the coming years.

  While the CSRD is primarily a reporting directive, it has indirect but substantial implications for employers. Companies must disclose how environmental, social, and governance (ESG) factors—including workforce diversity, inclusion, and accessibility—affect their operations and how they, in turn, impact society. This includes reporting on employment practices, equal opportunities, working conditions, and accessibility for disabled employees. The European Sustainability Reporting Standards (ESRS) require companies to assess and disclose both financial materiality (how ESG issues affect the company) and impact materiality (how the company affects people and the planet), including across their value chain (e.g. their suppliers and those they sell to).

  For affected employers, this means that percentages of staff with disabilities, workplace accessibility policies/strategies, and inclusive hiring practices will become part of mandatory disclosures. Organisations will need robust internal data collection, inclusive HR policies, and evidence to support their ESG reports. The CSRD encourages companies to embed sustainability—including social inclusion—into their core strategy, making disability-inclusive employment not just a legal or ethical issue, but a material one for corporate transparency and resilience.

  Implementing the WIDE Framework helps organisations to improve their data collection and monitoring and improve workplace accessibility policies and strategies which strengthens the organisation’s reputation in related disclosures. Reporting the implementation of WIDE itself is also a way to showcase the company commitment to social inclusion within these disclosures.

  It should be noted that under the proposed ‘Omnibus Proposals’ and associated ‘Stop the Clock’ directive, delays to the first reporting deadlines, a reduction in the threshold for in-scope organisations, and simplifications to the reporting requirements to simplify the obligations on affected organisations are likely to be implemented in the coming years.

  AHEAD Journal Article – Disability and the Corporate Sustainability Reporting Directive (CSRD) – A Driver for Change?

  CSRD – full text, and ESRS – full text.

• Public Sector Equality and Human Rights Duty
  Republic of Ireland, Public Sector Bodies

  The Public Sector Equality and Human Rights Duty is a statutory obligation under Section 42 of the Irish Human Rights and Equality Commission Act 2014. It requires all public bodies in Ireland to have due regard to the need to eliminate discrimination, promote equality of opportunity and treatment, and protect the human rights of their employees, service users, and anyone affected by their policies or services.

  This duty applies across all functions of a public body—including employment, service delivery, procurement, policy development, and governance.

  In the workplace context, public sector employers must assess how their employment practices impact equality and human rights. This includes attempting to eliminate discrimination and inequity in recruitment, promotion, training, workplace culture, and accessibility. Employers are expected to identify relevant equality and human rights issues (e.g. barriers faced by disabled job candidates or disabled staff), take action to address them, and report annually on progress in a publicly accessible format. The Irish Human Rights and Equality Commission (IHREC) provides guidance and oversight and can intervene if a public body fails to meet its obligations.

  The Duty encourages a proactive, values-led approach to inclusion. This means not only complying with equality legislation, but actively fostering diverse representation, inclusive decision-making, and equitable access to opportunities. For disability inclusion, this could involve applying a universal design approach to policy and strategy, ensuring accessible IT platforms and communications, and conducting meaningful consultation with disabled staff and stakeholders.

  Utilising the self-review and improvement planning tools provided by the WIDE Framework supports exactly the kinds of assessment/addressing/reporting of human rights impacts which is required by the Duty and recommended by the IHREC.

  Public Sector Equality and Human Rights Duty for Public Bodies.

  Irish Human Rights and Equality Commission Act 2014 – full text.

• UN Convention on the Rights of Persons with Disabilities (UNCRPD)
  International, All Employers and Public Bodies (via Irish Ratification)

  The UNCRPD is an international human rights treaty that Ireland ratified in 2018, committing to uphold the full and equal enjoyment of all human rights by persons with disabilities. While the Convention itself does not impose direct legal obligations on individual employers, its ratification obliges the Irish Government to implement domestic laws, policies, and strategies that reflect its principles. This includes ensuring equal access to employment, education, healthcare, and public life, and eliminating discrimination and barriers to participation.

  For organisations and employers in Ireland, the UNCRPD translates into practical obligations through national legislation and policy frameworks. Article 27 of the Convention specifically addresses work and employment, requiring states to promote inclusive labour markets, protect against discrimination, and ensure reasonable accommodation in the workplace. Employers are expected to foster environments where disabled people can work on an equal basis with others, including through accessible recruitment processes, the application of universal design in the workplace, provision of workplace adjustments, and anti-harassment policies.

  Implementing the WIDE Framework helps organisations to comply with existing and forthcoming legislation arising from Ireland’s ratification of the UNCRPD. The strong focus on universal design and the social model of disability which underpins the WIDE Framework aligns strongly with the approach obligated by the UNCRPD.

  NDA – About the UNCRPD.

  UNCRPD – full text.

• Equal Status Acts 2000–2015
  Republic of Ireland, All Goods/Service Providers and Some Employers

  The Equal Status Acts prohibit discrimination in the provision of goods, services, accommodation, and education on nine grounds, including disability. While primarily focused on access to goods and services, the Acts also apply to some workplace-related contexts such as vocational training, internships, and access to facilities connected to employment. Organisations must ensure that disabled people are not treated less favourably in accessing these services or facilities and must take reasonable steps to accommodate their needs.

  For employers and service providers, this potentially includes making adjustments to physical environments, communication methods, and service delivery processes to ensure equity of access for customers. The Acts also prohibit harassment and victimisation on the basis of disability, requiring organisations to foster inclusive environments and respond appropriately to complaints.

  IHREC – The Equal Status Acts 2000-2018

  Equal Status Act 2000 – full text

• Web Accessibility Directive
  EU, Public Sector Bodies

  The Web Accessibility Directive was transposed into Irish law through the European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020 (S.I. No. 358/2020).

  This legislation mandates that public sector bodies ensure their websites and mobile applications are accessible to all users, including people with disabilities. It does this by obligating that they are procured, developed and maintained to comply with all relevant parts of the harmonised standard EN 301 549 v 3.2.1 “Accessibility requirements for ICT products and services”, which is broadly equivalent to reaching conformance-rating AA with the Web Content Accessibility Guidelines 2.1.

  The Directive also requires public bodies to publish accessibility statements about their digital platforms, provide feedback mechanisms for accessibility issues on them, and ensure staff are trained in accessibility practices. The National Disability Authority (NDA) is the designated monitoring body in Ireland, responsible for overseeing compliance and providing guidance.

  While the Directive primarily targets public-facing digital services, it also extends to intranets and staff-facing platforms within public sector bodies.

  NDA – What are the EU Web Accessibility Requirements?

  Web Content Accessibility Guidelines 2.1

  Web Accessibility Directives Transposition into Irish Law: S.I. No. 358/2020 – European Union (Accessibility of Websites and Mobile Applications of Public Sector Bodies) Regulations 2020 – full text

• European Accessibility Act
  EU, Goods and Service Providers Producing Specified Products and Public Bodies Procuring Them

  The European Accessibility Act (EAA) came into effect on 28 June 2025. The Act sets out harmonised accessibility requirements for a wide range of products and services, including ATMs, ticketing machines, payment terminals, banking services, e-books, e-commerce, computers/operating systems, and transport-related information. Its primary aim is to improve the availability and quality of accessible products and services across the EU, ensuring that people with disabilities can participate more fully in society and the economy.

  In Ireland, the National Disability Authority (NDA) plays a key advisory role in supporting compliance and implementation. A range of ‘compliance authorities’ have been appointed to regulate compliance with the act in different industries, for example Coimisiún na Meán as regulator for electronic communication services (e.g. TV broadcasting).

  While the EAA is not an employment law per se, it has indirect implications for disabled employees, particularly in how it promotes accessibility in the digital and built environments. For example, if a company provides internal digital tools or services that fall under the scope of the EAA (such as e-commerce platforms or customer service interfaces), those tools must be accessible—benefiting both customers and employees with disabilities. Public procurement codes will also be strengthened to ensure public bodies are mandated to mandate accessibility when purchasing products and services in scope of the Act. However, the EAA does not introduce specific rights for disabled employees in the workplace context.

  CEUD – About the European Accessibility Act

  European Accessibility Act (EU) 2019/882 – full text – Statutory Instrument No. 636 of 2023 which transposed it into Irish law – full text.

• Work Life Balance and Miscellaneous Provisions Act
  Republic of Ireland, All Employers

  The Work Life Balance and Miscellaneous Provisions Act 2023 is a significant piece of Irish legislation aimed at enhancing workers’ rights and aligning national law with EU directives on work-life balance. It introduces several new entitlements, including the right to request remote working for all employees and flexible working arrangements for parents and carers.

  Under the Act, employees can submit a request to work remotely, which employers are obligated to respond to within four weeks. Employers are obligated to appropriately consider the needs of both parties when considering the merits of the request, and are obligated to provide grounds for its refusal, if that is the case. There is no legal recourse for employers who refuse a request per say – recourse can only be sought if the employer has not fulfilled its obligations to consider the request and provide grounds for the refusal.

  Although disability is not an explicit reason given for why a remote work request could or should be awarded, this could be seen as a legitimate grounds for such a request, and could be considered as a reasonable accommodation under the Equal Status Act in some circumstances.

  McCann Fitzgerald – Update on the Work-Life Balance & Miscellaneous Provisions Act 2023

  Work Life Balance and Miscellaneous Provisions Act 2023 – full text

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