Disability Rights / Employment Law
Reasonable Accommodation
Reasonable accommodation is any modification or adjustment to a job, workplace, or service that enables a person with a disability to participate on an equal basis. Employers are legally required to provide it under the Employment Equity Act.
Legal Definition
Under the Employment Equity Act 55 of 1998 (EEA) and its Code of Good Practice on the Employment of People with Disabilities, reasonable accommodation means modifying or adjusting a job, work environment, access to a facility, or the manner in which work is performed to enable a person with a disability to perform the essential functions of the position. The duty applies to all designated employers. Accommodation must be provided unless the employer can show that it would impose an unjustifiable hardship — taking into account the cost, the employer's resources, and the disruption to operations. PEPUDA extends this duty to all spheres of life beyond employment.
📖 Constitutional / Statutory Basis: Section 9(3) — right to equality including on the ground of disability; EEA s6(1) and s7(2); PEPUDA s9
Practical Example
A data capture clerk develops severe arthritis and can no longer use a standard keyboard. Providing voice recognition software or an ergonomic keyboard is reasonable accommodation. Dismissing the clerk without exploring these options first is unfair discrimination under the EEA.
Frequently Asked Questions
Does an employee have to disclose their disability to get reasonable accommodation?
Yes — the duty to accommodate only arises once the employer has knowledge of the disability. Employees are not legally required to disclose, but without disclosure the employer cannot be expected to accommodate. Disclosure should ideally be in writing.
What is "unjustifiable hardship" that allows an employer to refuse accommodation?
The EEA Code lists: the financial cost of accommodation, the disruption to operations, the impact on health and safety of others, and the size and resources of the employer. An employer cannot cite hardship without evidence — vague assertions of cost are insufficient. Large employers face a higher obligation than small businesses.
Does reasonable accommodation apply in schools and shops, not just workplaces?
Yes. PEPUDA s9 extends the obligation to all spheres of life — including schools, health services, public transport, and retail. The legal term in those contexts is "reasonable steps to eliminate obstacles" that unfairly limit access for persons with disabilities.
Related Terms
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