Reasonable accommodation

Reasonable accommodation is a term used to describe the creation of an environment that will ensure equality of opportunity for disabled people, family commitments or particular religious practices. It is most commonly used in the provision of goods and services and employment. The CRPD states "Reasonable accommodation" means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms. The denial of reasonable accommodation is a form of discrimination, according to the Convention.

Employers find the legal concept of reasonable accommodation in the Human Rights Act difficult, while disability advocates believe that there are myths about the employment needs of disabled people that need to be countered. Grant Cleland, Chief Executive of Workbridge has observed that most disabled people do not require additional accommodation and the most commonly sought accommodation of those people who do require it, is flexible work hours. Another point made by disability advocates is that every employee requires accommodation of some sort or another, whether it is a desk, chair, or lighting.

In the employment context reasonable accommodation applies to changes to a workplace which are made to ensure that a person who has a disability, family commitments or religious requirements can do a job. This may be as simple as swapping shifts with another employee to accommodate religious observance or installing a ramp for a person in a wheelchair. Whether an employer must make such changes is balanced against the unreasonable cost that may result.

In relation to the provision of services for disabled people, the Court of Appeal has said that there is a presumption that a provider will provide the necessary accommodation unless it is unreasonable. If a person requires special services or facilities (for example, relocation of an office) that it is not reasonable to provide, then the employer or service provider is not obliged to provide them.

In addition, if there is a risk of harm to the individual or others, but measures can be taken to reduce the risk without unreasonable disruption, then the provider or employer should take those measures. If it is not reasonable to take the risk, or the measures necessary to reduce the risk to a normal level are unreasonable, then an employer or provider may be justified in discriminating.

Disability advocates have observed that health and safety concerns based on incorrect assumptions can become a barrier to the employment of disabled people. For example, the Commission heard that a person had been dismissed from his job collecting trolleys in a supermarket carpark because a Labour Inspector said he was unsafe around moving cars because of his learning disability. The trolley attendant had been working at the supermarket without incident for many years. A similar point was made by a group of Deaf who had sought employment that included driving. They said that a significant barrier was the assumption that because they did not hear traffic noise they were less safe than hearing drivers. This assumption ignored their heightened awareness of the visual environment.