Anti-Discrimination Rights
Discriminated Against Because of Disability
An employer says the building isn't accessible and they can't adjust — but the law requires reasonable accommodation
Premium
intermediate
8 minutes
The Situation
What They Said
“We'd love to hire you but our building isn't accessible and we can't make adjustments for one person. It wouldn't be fair to other staff either.”
Persons with disabilities face significant employment barriers across Nigeria, often encountering outright exclusion rather than any attempt to create inclusive workplaces. The 2018 Discrimination Against Persons with Disabilities (Prohibition) Act — commonly known as DAPDA — was a landmark piece of legislation that imposes specific duties on employers and service providers to make reasonable accommodations and prohibits disability-based discrimination. However, awareness of the Act remains low among both employers and employees. Employers frequently cite cost, building infrastructure, or fairness to other staff as reasons for exclusion — arguments that the Act squarely addresses and rejects. The National Commission for Persons with Disabilities (NCPD) was established to enforce the Act and is the primary complaints body.
The Fallacy
Cost of Accommodation Overrides Legal Duty
The employer's argument conflates two separate questions: whether they have a legal duty to make adjustments, and whether they choose to do so. DAPDA 2018 does not give employers the option to skip reasonable accommodation because it is inconvenient or because they have not budgeted for it. The duty to provide reasonable accommodation is a legal obligation — not a discretionary act of goodwill. 'Reasonable' does not mean 'costless', but it does mean that the employer must genuinely explore and attempt adjustments proportionate to their size and resources. The claim that making adjustments for one person is 'unfair to other staff' also inverts the law: fairness requires that people with disabilities be given what they need to participate on equal terms, not that everyone receive identical treatment.
What the Law Says
Your Legal Foundation
Discrimination Against Persons with Disabilities (Prohibition) Act 2018
Section 1 — Prohibition of Discrimination Against Persons with Disabilities
“No person shall discriminate against a person with disability in any form, including in employment, education, access to goods, facilities and services, transportation, and housing.”
Refusing to hire a qualified candidate solely because of a disability — and failing to explore whether reasonable accommodations could address the barriers — is a direct violation of s.1 of DAPDA. The employer's stated reason (building inaccessibility) describes a barrier to be overcome, not a lawful basis for rejection.
Discrimination Against Persons with Disabilities (Prohibition) Act 2018
Section 5 — Duty to Make Reasonable Accommodation
“Any person or organisation that provides employment, education, or services shall make reasonable accommodation to ensure that persons with disabilities have access to, can participate in, and benefit from the employment, education or service on an equal basis with others.”
The employer has a specific legal duty to explore and implement reasonable accommodations. Before concluding that your employment is not possible, they were legally required to assess what adjustments could be made — such as ramp installation, relocation of your workspace to a ground floor, flexible working arrangements, or provision of assistive technology. Rejecting you without conducting this assessment violates s.5.
Discrimination Against Persons with Disabilities (Prohibition) Act 2018
Section 28 — Sanctions for Discrimination
“Any person who discriminates against a person with disability in violation of this Act commits an offence and is liable on conviction to a fine of not less than ₦100,000 or imprisonment for a period of not less than six months, or both.”
Disability discrimination under DAPDA is not merely a civil wrong — it carries criminal sanctions. This makes the stakes of a formal complaint significant. The employer should understand that failing to engage with the reasonable accommodation duty exposes them to criminal liability, not merely a complaint process.
What Scripture Says
God's Word on This
Romans 12:4-5 (NIV)
“For just as each of us has one body with many members, and these members do not all have the same function, so in Christ we, though many, form one body, and each member belongs to all the others.”
This passage speaks to a truth that the law of reasonable accommodation embodies: different people contribute differently, and the community is enriched — not burdened — when everyone can participate. The call to belong and contribute is not contingent on a particular physical form or ability. Exclusion based on disability denies the community the contribution of a whole person, and it denies that person their rightful place.
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What They'll Say Next
Common Counter-Arguments
After you respond, they may push back with these arguments. Members get the full rebuttal for each.
They might say: “Our insurance doesn't cover workplace injuries for people with your condition — we have a duty of care to all staff.”
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They might say: “We can offer you a different role that doesn't require building access — one that you can do from home.”
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