Reasonable accommodations

According to Section 15 of the Non-Discrimination Act, the employer has the obligation to make appropriate and reasonable adjustments necessary in the given situation so that a person with a disability can get a job, perform work tasks and advance in their career on an equal basis with others. 

Reasonable adjustments are limited to only those with disabilities. There is no clear definition of disability and long-term illnesses may also be considered a disability.

 Adjustments must be determined according to the needs at the time of assessment. The employer may not make assumptions about the person with a disability's ability to cope or about possible future adjustment needs. 

The person with a disability must discuss the adjustments they need with them. It is also recommended to consult occupational health care. The need for adjustment may be determined when recruiting an employee, during the employee's employment relationship or when the employee is dismissed. 

The obligation to adjust does not require that the working conditions of the person with a disability be identical to those of other employees after the adjustments. The decision to implement the adjustments is made by the employer. 

Since making accommodations is a genuine obligation, failure to make accommodations is a form of discrimination. The obligation to make accommodations does not require measures that go beyond what is required to place a person with a disability on a de facto equal footing with others.

Reasonable accommodation is to be distinguished from accessibility regulations, although the practical measures may be exactly the same. Accessibility in the workplace is not only about physical accessibility but also about communication accessibility. Accommodations are aimed at internal matters within the workplace. 

Reasonable adjustments may include, for example: 

  • physical working environment, 
  • working conditions, 
  • work organization, 
  • working time arrangements, 
  • work methods, 
  • work equipment, 
  • assistive devices (e.g. screen reading software for the visually impaired),
  • guidance, training or assistance measures.

It may also be considered an adjustment that the disabled person attends rehabilitation during working hours.