Reasonable Accommodation

Reasonable accommodation means necessary and appropriate modifications and adjustments which do not impose a disproportionate or undue burden, as needed in a particular case, to ensure for persons with disabilities the enjoyment or exercise on an equal basis with others of all human and fundamental freedoms. It is necessary to address the individual aspect of reasonable accommodation (which is different from accessibility, affirmative action and universal design). Reasonable accommodation is the outcome of discussion or negotiation between the concerned employee and the employer.

Important: Reasonable Accommodation concerns All Stages of employment

Reasonable accommodation requires employers to accommodate the needs of persons with disabilities through making reasonable changes in what they do and how they do it in those cases where, without these changes, it would be very difficult or impossible for persons with disabilities to work (unless it incurs more than a nominal cost).

 

Country Checkpoint

Generate examples of workplace accommodation that employers may need to make in your country in order to reasonably accommodate a worker with a disability

 

Examples of Workplace Accommodation

Changing recruitment and selection procedures

For example, providing a sign language interpreter for a deaf person, or ensuring that the medical assessor is familiar with a person's particular disability and how it relates to the job requirements.

Modifying work premises for the individual needs of the person with disabilities

For example, making ramps, modifying toilets, providing flashing lights to alert people with a hearing impairment. This is to be distinguished from accessibility, which is something general, applicable to all persons.

Changes to job design, work schedules or other work practices

For example, changing certain duties among staff, providing regular meal breaks for a person with diabetes, or providing a quiet workspace.

Modifying workplace equipment and providing supportive technology

For example, lowering a workbench or providing an enlarged computer screen or screen- readers.

Providing training or other assistance

For example, induction programmes for staff with a disability and co-workers, a mentor or support person for a person with an intellectual disability, inclusion of staff with a disability in all mainstream training.

a. Burden of Proof

Under some legislation, a person who considers him or herself wronged because of discrimination has to produce evidence to prove that this has occurred. In some cases, it may be possible to collect such necessary evidence without difficulty. However, in most cases involving an action which is suspected rather than established, it may prove impossible to gather credible evidence. In order to address this concern, many countries have shifted the burden of proof away from the person bringing the claim to court. Once the burden of proof has shifted to the person who is alleged to have discriminated against the complainant, evidence must be provided in the form of valid non-discriminatory justification for the treatment.

b. Role of Trade Unions, Employer Federations and Civil Society

Widespread consultation with trade unions, employer federations and civil society prior to the revision or drafting of laws designed to promote the rights of persons with disabilities will enable policymakers to profit from the expertise that exists in the community. For example, many of the obligations resulting from a law or policy to promote the employment of people with disabilities fall on employers. It is therefore of particular importance to ascertain the opinion of employers prior to adopting or amending the law or policy. Furthermore, trade unions may be able to provide valuable insights into the problems and effective policies that already exist if they are already actively involved in the promotion of the employment of persons with disabilities. Lastly, support from the majority of the disability community (including persons with disabilities, their representative organizations and family members) is essential for the success of any eventual policy. Requests for public comment on any law regarding persons with disabilities will enrich the debate and strengthen the application of the policy after it comes into force.