FIVE: The Irish Legal Framework in Practice

This chapter evaluates the operation of Irish law in practice, considering primarily its ‘curative’ effectiveness (the extent to which law rectifies a previous injustice). Analysing all available disability harassment decisions under the Employment Equality Acts 1998–2021 from 1998 to 2020, it finds that very few cases go to hearing and that the success rate for claims is extremely low. It then explores the reasons for the success and failure of claims, the kinds of remedies awarded, and the implications of these findings. It concludes by arguing that notwithstanding the theoretical capacity of the Employment Equality Acts 1998–2021 to address much work-related disability harassment, the legislation has not been curatively effective in practice.

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