Reasonable accommodation to enable me to keep working?

LegacyUser

Does anyone have information for those of us who fall in the area between able-bodied and disabled as defined in the Disability Act 2005:

’’disability’, in relation to a person, means a substantial restriction in the capacity of the person to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment’

Or is that even relevant when it comes someone who has less profound disabilities, but who could continue to do their job if the employer met the requirements of employers to provide reasonable accommodation - according to what I have read on a number of websites etc. The definition of "disability" seemed to be very broad, including even temporary situations.... (my problems are not temporary). My problems are enduring physical impairments, but I'm not in a wheelchair, etc

Until yesterday, when I stumbled upon info about the Disability Act 2005, I thought I had a good "case" to present to my employer in order to achieve compliance with Employment Equality Act 1998 as amended by the Equality Act 2004.

I am very grateful that I apparently do not meet the "new" narrow criteria of the Disability Act 2005 and I support stronger efforts and legislation for equality in the workplace and in life for those who do meet that definition. Without reasonable accommodation on the part of my employer, I will qualify pretty soon, and will be unable to work, and will be costing the government rather than contributing to it. But none of the websites who help with disabilities seem to pay much attention to it.

I have the Irish Law Society Book - Employment Law, 2nd ed, published in 2006, but it does not mention the Disability Act 2005.

The FAQ on "Employment Equality" on equality.ie (http://www.equality.ie/index.asp?locID=75&docID=48 ) doesn't mention the 2005 law.

workway.ie does refer to it, but not clearly.

I can walk (not too far at once though); I can see, I can hear, I have some cognitive difficulties, a degenerative spinal problem that is getting worse, a chronic disease which saps my energy, a recurring skin problem which causes me to have to sit in altered positions to lessen the pain... which then exacerbates the spinal problem, etc etc. when i could work from home and wear clothes which do not aggravate the problem.

My job is very well suited to teleworking most of the time(60-90%).

Because I am not severely, permanently disabled, do the Employment Equality Acts 1998 and 2004 now not apply to me?

My job has been threatened because of a high number of absences due to all this stuff (2 very long ones: one due to surgery and one due to an intense flare up of the spinal problem). I am capable of doing my job, I want to do my job, I need my job. I now work when I am sick, and that is making things worse.

A few years ago, my employer did afford me some helpful reasonable accommodations and flexibility (which did not cost any money on their part), but as my condition has worsened over time, the accommodations have been removed.... so of course, I'm getting worse faster now.

I am not looking for legal advice, but does anyone have information or experience as to whether or not those of us in the "in-between land" of partially disabled have been scuppered by the Disability Act 2005 and now have to watch ourselves become completely disabled when it could be prevented?

I am very confused, confounded and frightened.

PD

LegacyUser

Mods: Should this thread be over in Biz->Work & Jobs -> Work problems perhaps??

Has no one encountered anything like this? Too sick to work like normal people, but not sick enough to be classified as disabled? Is this "middle ground" addressed by the Employment Equality Acts 1998/2004 as far as anyone knows?

robinph

I've moved the thread to Work Problems for you with a redirect from LTI.

axer

I would be very surprised if you did not qualify for disability allowance thus be classified as disabled.

I know in Germany they have different levels of disability classification e.g. 50% disabled etc but I don't think that exists in Ireland.

LegacyUser

axer wrote: »

I would be very surprised if you did not qualify for disability allowance thus be classified as disabled.

I know in Germany they have different levels of disability classification e.g. 50% disabled etc but I don't think that exists in Ireland.

Thanks for your thoughts, axer.

My doctors do not consider me disabled. According to the narrow definition of "disabled" in the Disability Act 2005, I don't think I am disabled. It says: “'disability', in relation to a person, means a substantial restriction in the capacity of the person to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment."

I can honestly say that I am able to do my job, but then afterwards, I am unable to "participate in social or cultural life in the State" unless you count watching telly, being on the internet and having a friend call in most days as participating in social and cultural life. So maybe I am "disabled"... I don't know.

WHO MAKES THE DETERMINATION????

I'd prefer to work and could use some of those "reasonable accommodations" they talk about in the 1998/2004 laws .

Don't know how much longer I will be able to do my job though without some help... I will probably qualify as disabled before I make retirement age. It's a shame. I like my job. I'd rather earn my living.

I wish anyone here had any experience with this - the definitions.
Thanks again, axer.

PD