Reasonable accommodation

Mark Wiggett

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Back to ... Workinfo.com Human Resources Magazine Volume 1 Edition 1, 2007

Definition: "Reasonable Accommodation"

“Reasonable accommodation”  means any modification or adjustment to a job or to the working environment that will enable a person from a designated group to have reasonable access to or participate or advance in employment. (S1 Employment Equity Act) The employer need not accommodate a qualified applicant or an employee with a disability if this would impose an unjustifiable hardship on the business of the employer. "Unjustifiable hardship" is action that requires significant or considerable difficulty or expense.

Reasonable accommodation for people with disabilities

Employers should reasonably accommodate the needs of people with disabilities. The aim of the accommodation is to reduce the impact of the impairment of the person's capacity to fulfil the essential functions of a job. Employers should adopt the most cost-effective means that is consistent with effectively removing the barriers to perform the job, and to enjoy equal access to the benefits and opportunities of employment.  Reasonable accommodation requirement applies to applicants and employees with disabilities who are suitably qualified for the job and may be required -

(i) during the recruitment and selection processes;
(ii) in the working environment;
(iii) in the way work is usually done, evaluated and rewarded; and
(iv) in the benefits and privileges of employment.

The obligation to make reasonable accommodation may arise when an applicant or employee voluntarily discloses a disability related accommodation need or when such a need is reasonably self-evident to the employer. Employers must also accommodate employees when work or the work environment changes or impairment varies which affects the employee's ability to perform the essential functions of the job. The employer should consult the employee and, where reasonable and practical, technical experts to establish appropriate mechanisms to accommodate the employee. The particular accommodation will depend on the individual, the degree and nature of impairment and its effect on the person, as well as on the job and the working environment. Reasonable accommodation may be temporary or permanent, depending on the nature and extent of the disability. Reasonable accommodation includes but not limited to:-

(i) adapting existing facilities to make them accessible;
(ii) adapting existing equipment or acquiring new equipment including computer hardware and software;
(iii) re-organizing work stations;
(iv) changing training and assessment materials and systems;
(v) restructuring jobs so that nonessential functions are re-assigned;
(vi) adjusting working time and leave; and
(vii) providing specialized supervision, training and support in the workplace.

An employer may evaluate work performance against the same standards as other employees but the nature of the disability may require an employer to adapt the way performance is measured.  The employer need not accommodate a qualified applicant or an employee with a disability if this would impose an unjustifiable hardship on the business of the employer. ‘Unjustifiable hardship’ is action that requires significant or considerable difficulty or expense. This involves considering, amongst other things, the effectiveness of the accommodation and the extent to which it would seriously disrupt the operation of the business. An accommodation that imposes an unjustifiable hardship for one employer at a specific time may not be so for another or for the same employer at a different time. 

Resources

Click here to search for labour cases on “reasonable accommodation” http://www.caselaw.co.za/Search/Default.aspx?q="reasonable%20accommodation”

Click here to search for articles, policies or procedures on “reasonable accommodation” http://www.workinfo.com/search/Default.aspx?src=0&q=reasonable+accommodation&Submit1=Search 

Short description
Employers are required by law to provide reasonable accommodation to employees who might require it, such as employees from 

Keywords and relevant phrases
Disability, disabled employee, employment equity, impairment, performance evaluation, reasonable accommodation, skills, suitable qualified, unjustifiable hardship, work environment.