The Disability Act, 2005 (2023)

The following sample is written to highlight The Disability Act, 2005 of Ireland, the summary of related provisions of this Act, the UN Convention of Human Rights, Government strategies, and social policies for disabled people in Ireland.

People with disability are equal citizens. The National Disability Authority’s vision is of an Irish society in which people with disability enjoy equal rights and opportunities to participate in economic, social, and cultural life have choice and control over how they live their lives and are enabled to reach their full potential.

The Disability Act, 2005 (1)

The Communication on Status of People with disability reported in 1996 was a landmark document. Three guiding principles adopted by the commission to inform its work were –

  • Equality
  • Maximizing participation
  • Enabling independence and choice

Legislation has been enacted to outlaw discrimination on grounds of disability in employment (Employment Equality Acts) and in the provision of goods and services (Equal Status Acts). The Irish Human Rights and Equality Commission supports the implementation of this legislation and guides in that regard.

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Assessment of Needs of disabled persons under The Disability Act, 2005 (Ireland)

The Disability Act 2005 places a statutory obligation on public service providers to support access to services and facilities for people with disabilities. People with disabilities are entitled to :

Have their health and their educational needs assessed.

Have the individual service statements drawn up, setting out what services they should get.

Access to the independent complaints and appeals procedures.

Access to public buildings and public service employment.

Provides for restrictions on genetic testing for mortgage, employment and other purposes.

Ensure that the certain government departments brought out sectoral plans outlining the improvements that departments would take.

Establish a centre for excellence in Universal Design.

The Summary of the important legal provisions in The Disability Act, 2005 (Ireland)

Every person with a disability will be entitled to an individual assessment of individual health (personal social services) needs. Every disabled person will be entitled to educational services over the age of 18 years, where appropriate. Every disabled person will be entitled to a related service statement. It is accepted that all people with a disability will have access to complaints, appeals, and enforcement mechanisms relating to the provisions of the services. They receive regardless of service provider orientation or where entitlements are not delivered.

For disabled people, access to mainstream public services and actions to support access to public buildings, services, and information has now become a statutory right.

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The Government has set out in The Disability Act 2005, that sectoral plans will be prepared and published in six key sectors. By the Ministers for Health and Children, The Social and Family Affairs, Environment, Heritage and The Local Government Communication, Marine and Natural Resources and Enterprise, Trade and Employment. The plans will set out the disability-related services and positive action measures to be implemented and will be subject to a consultation process before being finalized and submitted to the Oireachtas for approval.

The Disability Act 2005 provides for the implementation of safeguards for the use of information gained from genetic testing, to ensure that the persons affected by genetic disorders are not subjected to unreasonable needs from an employer, insurer or mortgage provider. Public bodies will now have statutory obligations to be proactive in employing people with disabilities and their compliance with those obligations will be subject to monitoring.

Provision is made within the Act for the establishment of a Centre for Excellence in Universal Design in the National Disability Authority to promote best practices in the design of the environment and products so that they are accessible and usable for everyone, especially people with disabilities.

The Broadcasting Act 2001 is to be amended about the changing existing rules to facilitate access to broadcast progress by persons with sensory impairment. A provision is also made within the Act regarding the reduction in the membership of The National Disability Authority.

National Disability Strategy by the Irish Government

The National Disability Strategy is for the promotion of equality and inclusion of people with disability with three main elements:-

Disability Legislation

Education for people with Special Needs Act 2004

Disability Act 2005

Citizen Information Act 2007

The National Disability Strategy aims to underpin the participation of people with disabilities in society. In addition to legislation and sectoral plans, this contains a commitment to a multi Annual Investment Programme.

The government’s implementation plan for the National Disability Strategy sets out a framework to enable the government department. To develop policies on meeting their responsibilities under the legislation and putting in place supports for people with disability commensurate with need.

Delivery of services and support by such rights requires the allocation of resources centrally and by individual departments and agencies if these goals are to be achieved.

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The United Nations Convention on the Rights of Persons with Disabilities

The UN Convention was adopted in 2006. Ireland signed the convention in 2007 and further ratified in March 2018 and enters it into force on 19 April 2018.

The purpose of the Convention is to promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disability and to promote respect for their inherent dignity.

It applies established human rights principles from the UN Declaration on Human Rights to the situation of people with disabilities. It covers civil and political rights to equal treatment and freedom from disability, and social and economic rights in areas like education, health care, employment, and transport. States which ratify the UN Convention commit themselves to the delivery of civil and political rights of people with disability.

Ireland has been working to ensure the domestic legislation is put in place to ensure the state can meet the obligations it assumes under the terms of UNCRPD. There is a range of national strategies and progress in place to advance the implementation of the Conventions provisions, to empower persons with disabilities to live self-directed lives of their choosing. Other than the National Disability Strategy, the Irish government also includes the Comprehensive Employment Strategy, The Transforming Lives Programme, and the National Housing Strategy for Persons with Disabilities for resolving social and economic issues.

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The sample essay written above is focused on The Disability Act, 2005 of Ireland. The disability legislation of Ireland could be read in three different Acts. The Disability legislative Acts of Ireland are Education for People with Special Educational Needs Act, 2004, Disability Act, 2005, and the Citizens Information Act, 2007. Law students need to conduct legal research work and have extensive knowledge of legal issues. So, they can hire a professional essay writer for writing essays for them.

This sample could also help the Childcare, wellbeing, and nursing students to complete their college assignments on various rights of children with disabilities. It also focuses on the Special Needs Assistant and the Assistive Technology for students with disabilities.

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What is an example of an unreasonable accommodation? ›

Examples of accommodations that may be deemed unreasonable include the following: Eliminating a primary job responsibility. Lowering production standards applied to other employees. Providing more paid leave to an employee with a disability than provided to other employees.

What are the four important points of the Americans with Disabilities Act? ›

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government' programs and services.

What qualifies for American with disabilities Act? ›

Who Is Protected Under the ADA? The ADA protects qualified individuals with disabilities. An individual with a disability is a person who has a physical or mental impairment that substantially limits major life activities; has a record of such an impairment; or is regarded as having such an impairment.

What does the Americans with Disabilities Act require employers to ____? ›

Title I (Employment)

This title is designed to help people with disabilities access the same employment opportunities and benefits available to people without disabilities. Employers must provide reasonable accommodations to qualified applicants or employees.

What is an example of an undue hardship under the ADA? ›

In this case, undue hardship is the impact on other employees' ability to perform their duties or the impact on the organization's ability to conduct business. Example: An employee asks for a flexible schedule with later morning hours.

What are four examples of accommodation? ›

10 Types Of Accommodation According To Budget
  • Hotels. Hotels are the most common type of accommodation and easily accessible. ...
  • Apartments. This is one of the different type of accommodation having large areas and provides all the amenities like a hotel. ...
  • Hostel. ...
  • Guesthouse. ...
  • Bed and Breakfast. ...
  • Holiday Home. ...
  • Villas. ...
  • Private room.
Dec 4, 2020

What are examples of ADA violations? ›

What are Some Examples of ADA Violations?
  • Failing to install a wheelchair ramp to access a place that is open to the public;
  • Having a lack of handrails on staircases or walkways;
  • Failing to install adequate handicap restroom accommodations or parking spots in the parking lot of a public place;
Mar 29, 2021

What does undue hardship mean in terms of the ADA? ›

"Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation.

How does the American disability Act protect your job? ›

The Americans with Disabilities Act of 1990 ( ADA ) makes it unlawful to discriminate in employment against a qualified individual with a disability.

Is the Americans with Disabilities Act a mandate? ›

The Americans with Disabilities Act (ADA) is the civil rights legislation for individuals with disabilities “clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities”. It was signed into law on July 26, 1990 and was fully enforceable by 1994.

How many employees are required for the Americans with Disabilities Act? ›

The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations.

What does the American with disabilities Act not apply to? ›

The ADA does contain guidance regarding specific conditions that are not considered to be impairments under the act and that are excluded from coverage. As worded in the current regulations, the term "impairment" does not include the following: Homosexuality and bisexuality. Compulsive gambling.

Which of the following is not a disability? ›

Expert-Verified Answer

b) ASD is not a disability.

What are three examples of disability discrimination? ›

What are the Most Common Forms of Disability Discrimination?
  • Refusing to Hire a Job Applicant Based on Their Disability. ...
  • Firing or Demoting an Employee Because of Their Disability. ...
  • Failing to Give Disabled Employees the Same Opportunities. ...
  • Harassing an Employee Based on Their Disability.

What is not a reasonable accommodation under the ADA? ›

Reasonable accommodation does not include removing essential job functions, creating new jobs, and providing personal need items such as eye glasses and mobility aids. Nothing in the ADA prohibits employers from providing these types of accommodations; they simply are not required accommodations.

What circumstances are classified as hardship? ›

Hardship applies to a circumstance in which excessive and painful effort of some kind is required, as enduring acute discomfort from cold, or battling over rough terrain.

What is an ADA action requiring significant difficulty or expense? ›

The term undue hardship means an action requiring significant difficulty or expense.

What is the most common accommodation? ›

Arguably, hotels are the most popular type of accommodation for tourists.

What is a real life example of accommodation? ›

She knows that dogs have four legs, so she might automatically believe that all animals with four legs are dogs. When she later learns that cats also have four legs, she will undergo a process of accommodation in which her existing schema for dogs will change and she will also develop a new schema for cats.

What are 3 examples of accommodation? ›

Examples of accommodations include:
  • sign language interpreters for students who are deaf;
  • computer text-to-speech computer-based systems for students with visual impairments or Dyslexia;
  • extended time for students with fine motor limitations, visual impairments, or learning disabilities;
May 24, 2022

What are the types of claims under the ADA? ›

Under the Americans with Disabilities Act (ADA), employees generally bring two types of claims against their employers—discrimination claims and failure-to-accommodate claims.

What is an example of ADA interference? ›

Interference Clause
  • Coercing an individual to relinquish or forgo an accommodation to which he or she is otherwise entitled;
  • Intimidating an applicant from requesting accommodation for the application process by indicating that such a request will result in the applicant not being hired;

What responsibilities does an employer have under the ADA? ›

As an employer, you are responsible under Title I of the ADA for making facilities accessible to qualified applicants and employees with disabilities as a reasonable accommodation, unless this would cause undue hardship.

What are the 7 main types of disabilities? ›

Different types of disabilities
  • vision Impairment.
  • deaf or hard of hearing.
  • mental health conditions.
  • intellectual disability.
  • acquired brain injury.
  • autism spectrum disorder.
  • physical disability.

What are the 10 most common disabilities? ›

Common Disabilities
  • Attention Deficit Hyperactivity Disorder (ADHD)
  • Learning Disabilities.
  • Mobility Disabilities.
  • Medical Disabilities.
  • Psychiatric Disabilities.
  • Traumatic Brain Injury (TBI) and Post-Traumatic Stress Disorder (PTSD)
  • Visual Impairments.
  • Deaf and Hard of Hearing.

What disability is the most common type of disability? ›

The CDC reports that arthritis is the most common cause of disability for U.S. adults. It often worsens as someone gets older. If someone has another disability, they also are more likely to have arthritis.

What is ADA unduly burdensome? ›

An undue burden is a requirement of Title II or Title III of the Americans with Disabilities Act (ADA) that would cause a significant difficulty or expense if carried out.

What are reasonable accommodations for anxiety? ›

Reasonable accommodations for anxiety can include remote work, a support animal, a rest area, a modified break schedule, a flexible schedule, and shifts in schedule. The type of anxiety you have, your limitations, and your employer's resources will determine what accommodation is appropriate.

What is the burden a plaintiff must prove in a reasonable accommodation case? ›

Plaintiff has the initial burden of proving that: 1. she has a disability; 2. defendant knew, or should have known, of her disability; 3. the accommodation "may be necessary to afford [her] equal opportunity to use and enjoy" her dwelling; 4.

What would be considered undue hardship? ›

"Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation.

Which of the following is not regarded as reasonable accommodation? ›

Which of the following is NOT regarded as reasonable accommodation? the building to allow access to wheelchairs.

Which of the following is the best example of a reasonable accommodation? ›

Examples of reasonable accommodations include providing interpreters, readers, or other personal assistance; modifying job duties; restructuring work sites; providing flexible work schedules or work sites (i.e. telework) and providing accessible technology or other workplace adaptive equipment.

What is an example situation of accommodation? ›

Accommodation Examples

Example 2: One classic example of accommodation involves a child who understands that a four-legged creature is called a dog. Then, the child encounters a cat and refers to it as a dog until corrected by a parent. After being corrected, the child can distinguish between a dog and a cat.

How to determine whether a person has a disability under the ADA? ›

Under the ADA , a person has a disability if he has a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of a substantially limiting impairment, and people who are regarded as having a substantially limiting impairment.

What is an example of a disability? ›

Impairment in a person's body structure or function, or mental functioning; examples of impairments include loss of a limb, loss of vision or memory loss. Activity limitation, such as difficulty seeing, hearing, walking, or problem solving.

What are reasonable accommodations for PTSD? ›

Examples of such accommodations include: Flexible scheduling to allow time for counseling and appointments. Allowing calls to medical providers during work hours. More frequent breaks and backup coverage as needed.

What do you say for reasonable accommodation? ›

You may make this request initially to whomever you are most comfortable with. Make your request in writing and use the phrase: “I am requesting a reasonable accommodation under the ADA.” This helps create a clear record of your request and helps your employer know that your request should be taken seriously.

What is a good sentence for accommodation? ›

Example Sentences

They weren't sure if they could provide food and accommodations for the whole group. The accommodations on board the boat are a bit cramped. He hoped to reach an accommodation with the new owners. Negotiators were convinced that accommodation with the union was possible.

What are the most common accommodations? ›

Here, I talk about what these accommodations are, how they look in the classroom, and how they can benefit your child or student.
  • Testing Accommodations. ...
  • Taking Breaks. ...
  • Preferential Seating. ...
  • Extra Time for Assignments. ...
  • Study Skills Instruction. ...
  • Sensory Tools. ...
  • Outlines, Notetakers, and Recordings. ...
  • Environmental Accommodations.

What are the nine types of accommodation? ›

  • Size. Adapt the number of items the student is expected to learn or complete. ...
  • Time. Adjust the time allotted for learning, task completion, or testing. ...
  • Level of Support. ...
  • Input. ...
  • Difficulty. ...
  • Output. ...
  • Participation. ...
  • Alternate.
Jan 29, 2019


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