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EDI | Disability Support Frequently Asked Questions
Frequently Asked Questions
The term ‘disability’ includes a wide range of conditions. The legal definition of disability is stipulated in the Employment Equality Act 1998 and Equal Status Acts (2000) as amended:
“the total or partial absence of a person’s bodily or mental functions, including the absence of a part of a person’s body, the presence in the body of organisms causing or likely to cause, chronic disease or illness, the malfunction, malformation or disfigurement of a part of a person’s body, a condition or malfunction which results in a person learning differently from a person without the condition or malfunction, or a condition, illness or disease which affects a person’s thought processes, perception of reality, emotions or judgement or which results in disturbed behaviour.”
The Acts also covers people who have long-term disabling conditions which may get worse over time, as well as people who used to have a disability but do not have it any more. A disability that previously existed but no longer exists, or which may exist in the future or which is attributed to a person, is also recognised by DCU.
Not all disabilities are visible. DCU acknowledges the equal rights of people with hidden disabilities. The same disability can vary in its severity and affect people very differently. While some people with disabilities may require personal assistance and/or equipment, others will not need specialist help and so every person with disabilities will be supported as an individual.
The use of stereotypes is not acceptable and can lead to discrimination. Assumptions will not be made about the impact an impairment has on a staff member with disabilities. A conversation should take place with HR before any impact can be identified and appropriate support should then be put in place if required.
Consideration of any question concerning the employment of a person(s) with disabilities will proceed from a position of presumed ability until otherwise demonstrated.
An employer must take ‘appropriate measures’ to meet the needs of disabled people in the workforce.
The Irish Human Rights and Equality Commission define appropriate measures as: effective and practical changes that the employer puts in place to enable employees with a disability to carry out their work on an equal footing with others.
Employers are not obliged to provide anything that the person would normally provide for themselves. For example, an employer would not be expected to provide hearing aids for a person with impaired hearing.
An employer might not have to provide these types of appropriate measures if it meant that the employer would suffer a ‘disproportionate burden’. Several factors affect the decision on whether a measure would be reasonable or a disproportionate burden. These include the costs, the size and financial resources of the business, and whether grants or public funding may be available.
Before an employer can claim that providing reasonable accommodation measures or facilities would place them under a ‘disproportionate burden’, they must look at the possibility of obtaining public funding, grants and so on.
Yes. DCU employees wishing to request a reasonable accommodation will be asked to provide appropriate medical evidence from a medical professional to confirm their disability / nature of their disability.
In order to help ensure that the best support is provided and that DCU is providing appropriate accommodations, the University may seek additional advice from its occupational health provider and other health professionals as deemed necessary. This is to ensure that all identified needs are met and employees are fully supported.
Conditions and diagnosis are uniquely experienced by each individual. DCU People will work with you to identify any necessary documentation from an appropriate medical professional (GP, Consultant or a professional named within the Health and Social Care Professionals Act 2005) to support your reasonable request.
DCU may use its occupational health provider to help ensure that all identified needs are met and employees are fully supported .
In order to help ensure that the best support is provided and that DCU is providing appropriate accommodations, the University may seek additional advice from its occupational health provider. This is to ensure that all identified needs are met and employees are fully supported.
If you are asked to speak to the University’s occupational health provider, this is to help ensure that the best possible understanding of your needs has been achieved and that DCU is enabled to support you in an informed manner. This is standard practice and is intended to ensure that all needs are appropriately met.
Requests for reasonable accommodations are reviewed on a case by case basis. Employees should send the request (via email) to their line manager and their DCU People Business Partner in the first instance. Where required, (and with support from the University's occupational health provider and/or Health and Safety Team), a needs assessment will take place to ensure appropriate reasonable accommodations are agreed. |
Your DCU People Business Partner will be best placed to advise you if an appropriate support is already available within the University e.g. a specific software programme.