Failure to provide reasonable accommodation and an accessible environment

There are certain situations in employment or in access to goods and services, including housing, where an employer or a goods or service provider has a duty to provide reasonable accommodation for disabled people.

Reasonable accommodation includes adjustments at a workplace or training place, or the place where the goods are sold, or services are provided, that allow a person with disability to perform the tasks required or have access to goods and services. Reasonable accommodation can include an accessible workspace, specially adapted equipment, a reserved parking space, making changes to the working hours, etc.

The obligation to provide for reasonable accommodation may also be established in legal acts regulating other fields beyond non-discrimination. For example, there are requirements to ensure an accessible environment for new buildings under construction laws. The failure to do so may result in discrimination against persons wishing to access those buildings.

The failure to provide reasonable accommodation or an accessible environment may amount to discrimination on the grounds of disability, provided that the adjustments do not pose a disproportionate burden to the other party.

example If a large company refused to install an elevator adjusted for disabled people, it would be considered as a failure to provide reasonable accommodation. However, discrimination would not occur, if a small enterprise was not able to install such an elevator.

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Last updated 02/04/2020