Direct Answer
Section 7(2) of the Employment Equity Act requires every employer to take reasonable steps to accommodate the known disability of an employee or applicant for employment. Failure to provide reasonable accommodation is unfair discrimination unless the employer can prove that the accommodation would impose an unjustifiable hardship on the business. You can refer a failure to accommodate to the CCMA or Equality Court.
What the Law Says
Your Legal Foundation
Employment Equity Act 55 of 1998
Section 7(2)
“It is not unfair discrimination to take affirmative action measures consistent with the purpose of this Act, or to distinguish, exclude or prefer any person on the basis of an inherent requirement of a job. This section, read with the Code of Good Practice on the Employment of People with Disabilities, requires reasonable accommodation.”
Employment Equity Act 55 of 1998
Section 6(1)
“No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including... disability.”
Code of Good Practice on the Employment of People with Disabilities (Schedule to the EEA)
Item 5
“Reasonable accommodation means any modification or adjustment to a job or the work environment that will enable a person from a designated group to have access to or participate or advance in employment.”
What to Say
Exact Words to Use
“"I am requesting reasonable accommodation for my disability as required by section 7(2) of the Employment Equity Act and the Code of Good Practice on the Employment of People with Disabilities. I would like to meet to discuss appropriate modifications to my role. Please confirm in writing whether this accommodation will be provided."”
Tone: Formal, written, constructive
“"Refusing to accommodate my disability without demonstrating unjustifiable hardship constitutes unfair discrimination under section 6(1) of the Employment Equity Act. I am considering referring this matter to the CCMA."”
Tone: Firm, factual, non-aggressive
Common Questions
Frequently Asked Questions
What counts as a "disability" for EEA purposes in South Africa?
The EEA Code of Good Practice defines disability as a long-term or recurring physical or mental impairment that substantially limits the person's prospects of entry into, or advancement in, employment. This includes physical disabilities, chronic illness (including HIV/AIDS), mental health conditions, and intellectual disabilities. Short-term conditions do not qualify.
What is "unjustifiable hardship" that allows an employer to refuse accommodation?
The Code of Good Practice lists factors: the financial cost to the employer (relative to size and resources), potential disruption to the operational requirements of the business, whether accommodation would compromise health and safety of others, and the impact on the enterprise. An employer must show actual hardship with evidence — not merely a preference not to accommodate.
Can my employer dismiss me for poor performance caused by my disability?
Dismissal for incapacity related to disability requires a specific process: the employer must assess whether reasonable accommodation could address the performance issue before considering dismissal. A dismissal for incapacity without exploring accommodation first is likely both procedurally and substantively unfair, and may also be automatically unfair under LRA s187 if the real reason is the disability itself.
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