Introduction to EU Anti-discrimination Law

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Module 6:
The requirement of reasonable accommodation under the
Framework Directive

 

An important aspect of promoting and ensuring equality for disabled persons is the duty to make reasonable accommodation. This exists in addition to the prohibitions on direct and indirect discrimination as well as harassment and is unique to the grounds of disability. The reasonable accommodation duty recognizes that in order to achieve substantive equality for disabled persons, it may be necessary to treat disabled persons differently. In a work environment this may consist of, for example, making adjustments to policies or practices, physical features or by providing auxiliary aids such as extra equipment.

Example:

Clear glass doors at the end of a corridor in a particular workplace present a hazard for a visually impaired job applicant or worker. Adding stick-on signs or other indicators to the doors so that they become more visible is likely to be a reasonable adjustment for the employer to make.

 

Article 5 of the Framework Directive requires employers to:

  • take appropriate measures where needed in a particular case;
  • enable disabled persons to have access to, participate in or advance in employment,
unless such measures would impose a disproportionate burden on the employer. Failure to make reasonable accommodation for disabled persons will constitute a form of discrimination under Article 2 of the Framework Directive.

A similar but broader duty is contained in the CRPD. Article 5(3) requires State Parties to take all appropriate steps to ensure that reasonable accommodation is provided for persons with disabilities in order to promote equality and eliminate discrimination. The CRPD also specifically requires that State Parties provide reasonable accommodation in respect to the right to liberty and security of the person, the right to education and the right to work and employment. Reasonable accommodation is defined in Article 2 of the CRPD as follows:

“‘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 application and coverage of the reasonable accommodation duty is therefore much wider than that of Directive 2000/78 and extends beyond the employment field, but the scope of the duty itself is similar.

You may access previous seminar papers on this subject matter here.

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