Employers' concerns over possible discrimination or personal injury claims are affecting the recruitment prospects of people with disabilities.

According to the head of the employment law group in McCann FitzGerald, Terence McCrann, legal liability issues are a major source of apprehension among employers when considering hiring people with disabilities.

However, he urged employers to overcome these fears, emphasising that employing people with disabilities would benefit their organisations.

"It has been shown that people with disabilities are extremely reliable employees," McCrann said. "Contrary to preconceived notions, absenteeism is much higher in other categories of staff compared to those with disabilities."

He stressed that employers must ensure that they are fully aware of their legal obligations in this area. McCann FitzGerald has launched a new report, Employing People with Disabilities, Legal Issues, which identifies how employers can comply with such obligations.

The first step is to reach agreement at senior management level on the organisation's policy on this issue, McCrann said. "Employers need to ask themselves whether they want to positively encourage people with disabilities to be employed, as opposed to just doing the minimum required to comply with law."

Once the overall philosophy of the organisation has been established, the next step is to ensure that each element of the recruitment process is fair, and takes account of people with disabilities. "It is crucial that all HR personnel within a company are aware of the importance of adhering to fair recruitment procedures," said McCrann.

"This is because an employer can't simply select a candidate whom they consider will 'fit in well' in the organisation. The recruitment process must be aimed at selecting the candidate who is most capable of performing the job in question."

When advertising a vacancy, care should be taken to ensure that the wording is non-discriminatory. Ryanair, for example, was sued over an advertisement in which it sought a "young and dynamic professional", on the ground of age discrimination.

Employers are also advised not to include general questions relating to disability on job application forms, but rather to limit any such questions to specific disabilities which could impact on the applicant's ability to perform the particular job.

Equally, organisations should avoid aptitude tests requiring a standard which could exclude individuals with certain disabilities, and which is not necessary for the job.

The report also strongly recommends that employers draw up a detailed assessment of the job requirements as a basis for the selection process, and the interview panel should be advised not to stray from the criteria outlined in the job description.

Employers must also take care that all interviewees will be able to gain access to the interview location.

As well as creating a fair and inclusive recruitment process, organisations must also familiarise themselves with their responsibilities towards employees with disabilities, as outlined in the Equality Act 2004.

According to McCann FitzGerald's report, this Act represents a "real and positive attempt" to "open up training and employment to those who traditionally would not have been considered 'able' for the workplace", and it also clarifies employers' precise obligations.

Under the Equality Act 2004, employers are required to take "appropriate measures" to facilitate the needs of people with disabilities and to put them on a "level playing field" with their colleagues, by removing obstacles or making alternative arrangements to accommodate them.

These "appropriate measures" can include practical steps to alter the employment premises or equipment to the needs of the employees with disabilities, or adjusting the patterns of working time, the distribution of tasks or the provision of training. However, employers' obligations in this area are qualified with the provision that any such alterations cannot give rise to a "disproportionate burden" on the employer.

Employers are also advised to implement promotion policies "so that management and human resources personnel can ensure that career possibilities are open to disabled employees on the same basis as to other staff members."

It is also important that all employees have equal access to training. Therefore it is the responsibility of employers to ensure that the training is delivered in both a location and a format that is accessible to all members of their workforce.

Employers should take care that indirect discrimination does not occur, for example if training is held in a premises that does not have wheelchair access.

Under health and safety legislation, organisations are responsible for the welfare of staff during their time at work.

Therefore if an employer falls short of their obligations with the result that an employee is injured or harmed, they are open to legal claims.

Employers should carry out health and safety risk assessments, and put in place preventative measures to protect all of their employees, including those with disabilities.