Remote Work as Reasonable Accommodation: Insights from Italian and Irish Case Law

Author: Giulia Sberna – PhD candidate in Public administration and innovation for disability and social inclusion at the University of Palermo and University of Campania “L. Vanvitelli”; Visiting PhD Researcher at the School of Law and Criminology & the ALL Institute.

Research Stream: Social Structures

The new millennium has been characterised by the adoption of advanced technologies and new organisational models hat have transformed the work environment. In this new employment context, “flexibility” has become a buzz word: flexibility characterises job roles, but also  the places where work is carried out, which have moved beyond the traditional confines of factories and public offices and into digital spaces, made possible by the use of the Internet and other ICT tools.

Headshot of Giulia

Remote working has thus become a symbol of this transformation, representing an innovative alternative to traditional organisational models. It has not only supported a better work-life balance, but has also opened up new opportunities for those who have historically faced greater barriers in accessing employment, particularly persons with disabilities. While it is not without drawbacks, remote working has provided a concrete means of overcoming mobility-related barriers and accessing job opportunities on a more equal footing, encouraging active participation in the workplace. This blog post reflects on  recent Italian case law, which has begun to conceive of  remote working as a typical form of reasonable accommodation. In doing so, the blog aims to offer some reflections that may spur a debate on strengths and pitfalls of remote working in other jurisdictions.

As established internationally by Article 2 of the UN Convention on the Rights of Persons with Disabilities (2006) (CRPD) and, at European level, by Article 5 of Directive 2000/78/EC, reasonable accommodation encompasses all modifications – whether to the environment or to job duties – that allow a person with a disability to work under conditions of equal opportunity. In this context, telework, smart working and remote working can be seen as appropriate and effective solutions, provided they are tailored to the specific needs of the individual worker.

The Italian Court of Cassation, in its recent  judgment no. 605 of 10 January 2025, expressly recognised that remote working can indeed constitute a form of reasonable accommodation. As a result, the employer is obliged to provide it, unless they prove that such arrangement would impose an excessive or disproportionate burden on them.

The case in question concerned a worker with severe visual impairment who had requested to perform his duties remotely. The employer refused, arguing that internal company policy excluded remote working for that type of role. The Court of Cassation, after affirming that the principle of identifying reasonable accommodation to ensure equal treatment for persons with disabilities applies in the field of employment protection, considered the employer’s conduct discriminatory. In light of these considerations, the Supreme Court recognised the worker’s right to work remotely, clarifying that reasonable accommodations may be established through mutual agreement and, in cases of dispute, it is for the judge of first instance to determine the most suitable solution to protect the rights of worker with disability.

Therefore, the ruling of the Court of Cassation establishes a fundamental legal principle that may guide future disputes and contribute to strengthening the right of workers with disabilities to fair and non-discriminatory treatment. In fact, including remote working within the broad category of reasonable accommodations has the inherent effect of classifying an employer’s refusal to offer such working arrangements as a form of discrimination.

This Italian case might prove a source of inspiration for other jurisdictions. In Ireland, the employment rate of persons with disabilities is one of the lowest in Western Europe. According to reports from the National Disability Authority (NDA), many are unaware of the existence of the Reasonable Accommodation Fund, which is designed to support businesses in adopting these measures. The report “Reasonable Accommodations: Obstacles and Opportunities” describes a reality where clear internal policies are often lacking, and where concerns about costs or complex procedures discourage the implementation of inclusive measures. Yet, Irish courts had already embraced a broad notion of reasonable accommodation in the significant Nano Nagle School v. Daly (2019) decision. In that decision the Supreme Court recognised that measures such as reduced working hours, job modification, or redistribution of tasks can fall under reasonable accommodation, provided they are compatible with the effective functioning of the organisation. This approach aligns with the views expressed by the Court of Justice of the European Union in HK Danmark and subsequent case law.

At this juncture it is important to appreciate the strengths of remote work, which as EFC Remote Working Report 2021 showed, can enhance flexibility and autonomy for many people with disabilities. Yet this remote working has revealed some critical issues, including social isolation among workers with disability, reduced visibility within the organisation, limited access to assistive technologies, and the lack of adequate facilities for home-based work. Thus, it would be important to implement a working model that alternates between remote and on-site work. For example, through the creation of public and shared co-working spaces designed to encourage social interaction, collaboration among colleagues, and access to appropriate technological tools.

In conclusion, Italy has initiated a significant legal reflection on the role and pitfalls of remote working for persons with disabilities, one that is likely to influence both the European and international legal framework with the view to  expanding protection for workers with disabilities.

Giulia standing beside screen where she gave a talk. The talk title shows on the screen 'Reasonable accommodation for workers with disabilities: challenges in digital environment

New Voices, Same Mission: Meet the new Editors joining Ideas in ALL

Research Stream: Editorial & Stories/Lived Experiences

Authors: Rachel McGettrick, Sharon Adedapo & Lauren Kane

Dear readers of Ideas in ALL,

As new editors joining the blog, we are extremely happy to take on this position.  As we take up our role, we will strive to maintain the excellent standard and energetic impetus attained by our fellow editors and predecessors. The blog has become an influential academic commentary on contemporary physical, social, political, and conceptual dimensions of society in the twenty-first century. 

Each of us wish to add a personal note below on our motivation and commitment to this blog, so that you get to know us better!  

Picture of the 3 new editors with the logo of ALL and the Maynooth University Logo

Rachel McGettrick

I’m Rachel and I am so excited to join the amazing Ideas in ALL team! I am a PhD researcher who first joined the ALL Institute in 2022 during my undergraduate degree in psychology, working as a research intern with the STEM Passport for Inclusion. This is an initiative led by Professor Katriona O’Sullivan that empowers young women from underrepresented backgrounds to pursue STEM education. This experience sparked my love for research and helped me see a future for myself in such a meaningful environment. Now, as a PhD researcher at Maynooth University, I feel incredibly fortunate to continue my journey within the ALL Institute—a space dedicated to inclusion, accessibility, and meaningful research impact.  

Headshot of Rachel McGettrick

Inclusion remains at the heart of everything I do. Alongside my continued work with the STEM Passport for Inclusion, I contribute to two interconnected projects – Pathways and Promote – which aim to foster a more equitable research environment, particularly for women and early-career researchers. These projects reflect the ALL Institute’s commitment to tackling systemic inequalities and ensuring that research is shaped by diverse voices. I am also involved with the Maynooth Access Programme (MAP), which encourages under-represented groups to enter third level and provides these groups with support through their time at Maynooth. As I embark on my PhD journey under Professor O’Sullivan’s supervision, I am exploring the impact of parental alcohol misuse (PAM) on children in Ireland. This research seeks to highlight an often-overlooked issue and develop an intervention to support these vulnerable children – in line with the ALL Institute’s broader mission, contribute to evidence-based policies and person-centred support systems.  

Headshot of Sharon Adedapo

Sharon Adedapo 

I am delighted to join Ideas in ALL as part of the team! I recently joined the PatentsInHumans project as a Research Assistant, working under Professor Aisling McMahon at the ALL Institute. I completed my Undergraduate degree in Law and Business from Maynooth University in 2023 and recently completed my Master of Law (LLM) in 2024.  

The PatentsInHumans project bridges the gap between bioethics and patent law, exploring how patents over health-related technologies, such as medicines, medical devices, gene editing techniques, and neurotechnology, interact with fundamental ethical considerations. The ultimate aim of the project is to reimagine European patent decision-making to better integrate bioethical principles. 

What drew me to Ideas in ALL is the commitment to inclusive, accessible, and interdisciplinary research. My background in Intellectual property law, human rights, and technology has fuelled my interest in how emerging health technologies are governed, and the ethical challenges they present. I look forward to bringing these perspectives to the blog, helping to share research that sparks conversation, promotes accessibility, and drives meaningful change. 

Lauren Kane  

My name is Lauren, and I recently joined the ALL Institute as a Research Assistant on the ERC funded PatentsInHumans project, led by Professor Aisling McMahon. PatentsInHumans aims to explore the bioethical implications of how patents are used over health technologies related to the human body, with a view to reimagining the European patent system to adopt a more person-centred approach.  

Headshot of Lauren Kane

My interest in this area was sparked by the Myriad Genetics case, which related to an (ultimately successful) challenge to the patenting of genetic mutations which predicted a significantly elevated risk of breast and ovarian cancer (BRCA1 and BRCA2). Essentially, these patents were being used in such a restrictive manner that diagnostic testing could only be provided through Myriad Genetics, and at a significant cost which prevented access for many women. As someone who had personally undergone BRCA testing, this case made me consider how fortunate I had been to obtain access, and how I may have felt and the impact it could have had if this had not been possible.  This really opened my eyes to the impact that the manner in which patents related to the human body are used can have over people’s health and motivated my interest in this area of research and social justice. As such, I was delighted to have the opportunity to join the PatentsInHumans team and Ideas in ALL Blog team. The core values of the Ideas in ALL Blog, such as inclusivity, accessibility, respect for diversity and participation really resonate with me. I feel excited to be part of the Ideas in ALL Blog team as I am passionate about accessibility and greatly value the opportunity to contribute to the blog and participate in the dissemination of interdisciplinary research which is accessible to all. 

We are all excited to join this team and contribute to the values and mission of the Ideas in ALL blog. All three of us look forward to bringing our different experiences and areas of interest together to foster new collaborations and inspire innovative insights in both this blog and the ALL Institute as a whole. If you are interested in contributing to the Ideas in ALL Blog, please feel free to get in touch via email at ideasinall@mu.ie.  

A Note from the Editors of the Ideas-In-ALL Blog to Start the Semester 

Research Stream: Editorial

Editorial Team: Cassandra Murphy, Hannah Casey, Matthew McKenna, Neasa Boyle 

After a brief, restorative hiatus over the summer months, the blog has now returned full time and is ready to once again highlight and facilitate the communication of strong, important research happening in the ALL community. As always, we aim to share knowledge that best encapsulates our ethos, a task that is made all the more possible by the diverse and exciting range of projects under the ALL Institute banner.

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As always, we look forward to hearing from the researchers behind these projects, who have historically contributed generously to us, both in our regular postings, and across our three symposiums, the fourth of which will be posted this coming December. We have been fortunate enough to witness the progress of these projects over the last four years and look forward to doing so again by affording researchers the opportunity to submit posts to us, in which they tell us about their ongoing achievements in their own words. Therefore, as we enter a new academic year, we the editors wish to drop our readers a brief note to highlight the continued excellence of the ALL Institute, and to give a brief overview of the work that we hope to feature on the blog in the coming months. 

To this end, the remit of the ALL Institute continues to expand, forging strategic connections across a diverse network of professional researchers and organisations. It incorporates a synergistic array of state-of-the-art research projects that, at their core, seek to promote person-centred and inclusive digital, social and technological development into the future.  

In the words of the ALL Institute, “We work across disciplines, sectors and while remaining committed to independent research, we collaborate with civil society, policy makers, industry, intergovernmental organizations, United Nations agencies and most particularly individuals, especially those belonging to different marginalised groups”. 

Principles of inclusivity, human rights, accessibility, respect for diversity and equal participation guide the research projects taking place at ALL Institute. Flagship projects include, ADVANCE CRT, AT 2030, ERC Project DANCING, Digital Wealth, Global Collaboration on Assistive Technology (GATE), GoGreenRoutes, PatentsInHumans, ReCreating Europe, SHAPES, STEM Passport for Inclusion that well epitomize the ALL ethos and mission to advance accessibility, equality and human rights for all persons in a digitalising society. Two of the above projects, ReCreating Europe and SHAPES, have recently concluded, bringing together years of invaluable work while furthering and strengthening the mission and impact of the ALL Institute in the process. 

In the space of a few years, the Ideas-in-ALL blog has helped to significantly enhance the public profile of the ALL Institute. The blog complements the work of the ALL Institute and continues to raise awareness of the importance of ensuring that person-centredness, human rights and inclusivity underpins technological advancement and digitalisation in our societies. As such, the blog provides a platform for our diverse array of partners to draw attention to, and explain in straightforward terms, the importance of each research project and initiative taking place in ALL. Invaluable blogpost contributions from ALL members, external stakeholders and independent voluntary submissions, have greatly enhanced general civic interest in the work of the ALL Institute.  

We look forward to continuing to hear the voices from the wide variety of projects ongoing within the institute, alongside potential posts from those which have recently concluded or that are coming towards the end of their journey. We strive to provide learning experiences for all, so hearing from PIs and researchers working on these successful projects helps to develop best practice principles in our own research and contributes to the generation of new ideas and collaborations. As a group our aspiration is to engage more external stakeholders in the blog process, hearing from those who are directly impacted by our research and exploring the beneficial nature of what we do as an Institute. We have some exciting posts coming up from several of our ongoing projects so stay tuned.  

We appreciate your engagement with our posts as we continue to share commentary on the intersection between our principles and the wonderful research activities happening internally within the ALL Institute and externally with our partners.  ALL Institute - Maynooth University

‘Lived Fiction’ Goes on Stage: Reflecting on a Major Milestone for the DANCING Project and the Collaboration with Stopgap 

Research Stream: Stories / Lived Experiences 

Author: Eva Krolla Research Assistant DANCING, in dialogue with Professor Delia Ferri and Lucy Glover, Executive Producer at Stopgap Dance Company 

Image on the left shows Eva Krolla smiling and wearing white, image in the centre shows Professor Delia Ferri smiling and wearing black, image on the right shows Lucy Glover smiling and wearing navy.

On 11th April, the contemporary dance piece ‘Lived Fiction’ premiered at Dublin’s Lir Academy Theatre in collaboration with Project Arts Centre (PAC). The piece was commissioned by DANCING, a European Research Council (ERC) funded academic research project based at the School of Law and Criminology of Maynooth University. It was created by Stopgap Dance Company’s Deaf, Disabled, neurodivergent and non-disabled creatives under the lead of co-artistic director Lucy Bennett. Stopgap are a global leader of disability access in dance and are based in the UK. ‘Lived Fiction’ artistically embeds accessibility for dancers and audiences through an integrated creative access approach. 

Continue reading “‘Lived Fiction’ Goes on Stage: Reflecting on a Major Milestone for the DANCING Project and the Collaboration with Stopgap “

The ERC funded PatentsInHumans Project – Year One Project Report And Reflections!

Research Stream: Social Technologies

Authors: Professor Aisling McMahon, Principal Investigator (ERC PatentsInHumans Project) & Sinéad Masterson, Project Manager (ERC PatentsInHumans Project)

It is hard to believe that the PatentsInHumans Project has passed the one-year point having commenced in November 2022! And what a quick and busy year it was! Alongside recently publishing our Year 1 Report which gave us pause to reflect on the project, we were delighted to write this article for the IDEAS in ALL Blog to mark the first year of the project and to provide a snapshot of the research and other activities the PatentsInHumans team have undertaken during this time.

The PatentsInHumans Project:

Continue reading “The ERC funded PatentsInHumans Project – Year One Project Report And Reflections!”

What Role is There for Artificial Intelligence in the Assessment of Neurodiversity?

Research Stream: Social Technologies

Author: Emily McConway, Undergraduate Intern in Psychology, Maynooth University and Mac MacLachlan, Professor of Psychology & Social Inclusion, and Co-Director of the ALL Institute, Maynooth University

Early assessment and intervention are vital in facilitating positive developmental and behavioural outcomes for children with neurodevelopmental conditions. Early intervention has a positive long-term effect on both autistic children and their caregivers. The current process of assessing the needs of children with possible autistic traits focuses on the use of behavioural clinical diagnostic instruments such as Autism Diagnostic Observation Schedule (ADOS) and Autism Diagnostic Interview-Revised (ADI-R). Both instruments require direct clinician-to-child observation and can take hours to administer and score. In many countries, long waiting lists, coupled with social, economic and geographic barriers hinders timely assessment of neurodiverse children. The ALL Institute is interested in pragmatic ways to streamline access to services, including assessing a person’s needs for services and supports.   

Continue reading “What Role is There for Artificial Intelligence in the Assessment of Neurodiversity?”

Creating an Accessible Survey for the DANCING Project

Research Stream: Social Lives

Author: Hilary Hooks, Project Manager, Protecting the Right to Culture of Persons with Disabilities and Enhancing Cultural Diversity in EU Law: Exploring New Paths (DANCING) Project

The DANCING project, led by Principal Investigator (PI) Professor Delia Ferri, aims to investigate participation in culture by persons with disabilities. Access is a critical issue in all areas of life for people with disabilities. This includes the area of culture, and concerns people with disabilities who are (or who wish to be) involved at all levels, including as artists, arts-professionals, and audiences.

Continue reading “Creating an Accessible Survey for the DANCING Project”

Building a Digitally Wealthy society with the support of the ALL Institute

Author: Dr Holly Foley, PhD, Project Manager at the Digital Wealth Project, UDL Digital Badge Lead Maynooth University

Research Stream: Lived Experience

Digital Wealth: An Overview

As we pass the sixth anniversary of the ALL institute it’s a perfect time to reflect on how our research has grown and developed under the ethos of the institute. The Digital Wealth Project commenced in March of 2021 for a 3-year project and funded through Rethink Ireland and Microsoft Ireland led by Dr Katriona O’Sullivan and Dr Holly Foley.

The aim of the Digital Wealth Project is to tackle Digital Poverty.  Digital Poverty is not income-dependent, instead it relates specifically to being able to access the digital resources (materials, skills, training, infrastructure) necessary to enjoy a basic standard of living.

Continue reading “Building a Digitally Wealthy society with the support of the ALL Institute”

A Monumental Week for the STEM Passport for Inclusion


Authors: Linda Mc Donald and Jamie Moore are 3rd year BSc Psychology Students, Research Interns for Dr Katriona O’Sullivan, and the STEM Passport for Inclusion Project, at the ALL Institute in Maynooth University

Research Stream: Stories/ Lived Experiences

This week marked a monumental one for us here in the STEM Passport for Inclusion project. Our programme is a project within the ALL institute here in Maynooth University. It provides socio-economically disadvantaged young girls in Ireland an opportunity to learn about STEM, one that is not easily accessible to them usually. This week both the Women in STEM awards and graduation ceremony for our girls who took part in the programme took place, highlighting and celebrating the need for a focus to expand knowledge and opportunities for education and involvement in STEM.

The Women in STEM awards in association with PEPSICO took place on Thursday, which recognises and rewards the accomplishments and efforts of women in the sectors of science, technology, engineering and mathematics (STEM). These women strive to improve and innovate their respective fields of work. It is important that their efforts are recognised and encouraged, to promote inclusion in the field of STEM. In addition, the awards bring attention to the need for more women in STEM, an ongoing and prevalent issue  in today’s society. The Women in STEM Awards are judged by several women who have reached these top-level jobs and remained in them, against the odds. Two members of the impressive judging panel included Gillian Harford and Susan Treacy. Gillian Harford is a senior HR Executive who works with organisations aiming to target diversity and workplace change. While working as a Head of HR Strategy & Planning for AIB, Gillian contributed to people change with respect to Culture, Career, and Diversity. Susan Treacy is the CEO of HealthTech Ireland, and is a member of the Women in Technology and Science (WITS) Ireland Executive. This organisation helps to support and empower women in STEM, and advance STEM policy at government level. These influential women have themselves improved and innovated their respective fields of work and are hence qualified to judge the efforts of others.

 

Dr Katriona O Sullivan

The STEM Passport for Inclusion programme, working with Maynooth University and partners, was nominated for the award for Diversity & Inclusion Initiative of the Year. The feelings of excitement and anticipation as we waited for the winner of the award to be announced, could be felt by everyone in the room. To our delight, the STEM Passport was awarded the honour, an accomplishment that recognises our hard work and effort. Though the STEM Passport for Inclusion won the award for best Diversity & Inclusion Initiative of the Year, the fellow nominees of the category deserve equal recognition for their efforts to improve and innovate the field of STEM. Whilst it appears as though the organisations were in competition for the award, they were in fact working towards a common goal – to improve diversity and inclusion in the field of STEM.  

There was no time to rest following the awards ceremony, as the following day was our graduation ceremony for over 400 girls who had taken part in our programme. Dr. Katriona O’Sullivan, who leads the STEM Passport for Inclusion programme, kicked off the graduation ceremony by introducing the project and congratulating all those receiving their level-6 accreditations. She then introduced the president of Maynooth University, Prof. Eeva Leinonen, who is actively involved in national and international higher education policy discourse and implementation, who briefly spoke about the initiative and its impact and congratulated all the girls for completing the module. After speaking, both Prof. Leinonen and Dr O’Sullivan, helped by Dr Gemma Irvine, Vice President for Equality and Diversity in Maynooth University, began to hand out the certificates to the girls who had completed the module. The girls each went up and received their well-deserved accreditation, thus graduating from the programme – a monumental moment for all parties involved.

Awards Ceremony President of Maynooth University, Prof. Eeva Leinonen, Dr Gemma Irvine, Dr Katriona O'Sullivan and Dr Holly Foley take to the stage to present students with their certificates of completion
Ava Kenny, a former STEM Passport student speaking on her experiences as a student in the programme

Once the graduates had received their certificates, Ava Kenny, a former student of the programme, was welcomed to the stage to talk about her experience with the programme and the pathways it opened for herself. Ava, who is currently studying a science degree in Maynooth University, gave an emotional reflection on what the STEM Passport means to her, stating the programme was “a journey of self-discovery, of finding my passion and purpose. It sent me on a path where I could dream big, aim high, knowing that the STEM Passport welcomed me with open arms”. Ava beautifully captured the transformative and significant impact the initiative had on her life, surely inspiring all the graduates in the room, offering them a glimpse into the future possibilities their newly acquired accreditation can offer.

After Ava’s reflection, Dr Kevin Marshall, the newly appointed Adjunct Professor at Maynooth University’s ALL Institute, joined the stage to say a few words. He highlighted the graduates’ achievement, “to get the university qualification while you’re at school is just amazing”, offering his admiration and support for all the girls. He then passed the mic over to Katriona to close out the graduation ceremony. Once the ceremony was over, everyone headed over for pizza and refreshments, a well-deserved treat for both our girls and team members.  

Dr Kevin Marshall joins the stage to congratulate the students on their journey and success

For our focus on accessibility to STEM education and inclusion within the field to be recognised by such a prestigious award is an honour. Furthermore, for it to be followed by the graduation ceremony, which allows us to reflect and recognise those efforts first hand, to be in the same week, has been nothing short of fantastic. These inspiring young girls, now adorned with their accreditations, now take one step further into the world of STEM. Both ceremonies recognise the work put in to pave the way for a more diverse and inclusive future in STEM – from both the team of today and the future women in STEM who took part in our programme.


The Big Race: Artificial Intelligence and Healthy Ageing  

Research stream: Social Structures

Author: Ilia Marcev, PhD Candidate at the Department of Psychology, Maynooth University, and a Research Assistant with the ALL Institute’s SHAPES Project 

Ilia Marcev

Unless your internet connection has been as unreliable as the weather forecast, or you were marooned on a desert island over the past few weeks, there is a strong chance you heard of the alleged “alien” bodies discovered in Mexico recently. While this strange discovery made international news, it drew very poor engagement and attention from the average UFO-enthusiast, let alone the average person like you and me. I believe it is fair to say that ten years ago this story would have exploded like a supernova across the internet, but today, the majority of people seem rather unconcerned with this novel development in humanity’s timeline. I can only speculate that the reason the world is unconcerned with potentially discovering our Martian neighbours is because, as exciting as alien intelligent life may sound, we are likely far closer to discovering new intelligent life here on Earth that would rival our own. This new intelligence is better known as – Artificial Intelligence (A.I.). 

Continue reading “The Big Race: Artificial Intelligence and Healthy Ageing  “
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