Reasonable Accommodation

07 April 2022

There might be times where you’re required to provide additional support to your workforce.

When a work practice or culture affects an employee, you may have to introduce reasonable accommodations. These can relate to an array of situations–from religious beliefs to medical conditions.

Failing to provide these changes can result in employees facing discrimination or being hurt during work. Most cases can lead onto tribunal claims and compensation penalties.

In this guide, we’ll look at what reasonable accommodations are, what laws they come under, and how provide changes in the workplace.

What are reasonable accommodations?

Reasonable accommodations are changes made to workplace practices. They can relate to religious, physical, mental, and even legal changes. In simple terms, they allow employees to work safely, or through fair conditions.

Accommodations must be ‘reasonable’; meaning, they shouldn’t become burdensome on your business. When implementing them, think about:

  • The nature of these changes.
  • The overall financial costs for your business.
  • The impact these changes will have on your operations.

Examples of reasonable accommodation in the workplace

Some examples of reasonable accommodation for employees include:

  • Workplace entitlements.
  • Equal treatment (in comparison to co-workers).
  • Promotions, bonuses, and opportunities.
  • Training and further education at work.

Employment laws on reasonable accommodation in Ireland

There is no specific law on reasonable accommodations in Ireland. However, you must ensure your staff don’t suffer from discrimination whist following business practices.

Under the Employment Equality Acts (1998-2015), employees are protected from discrimination to:

Religious discrimination

All employers should be tolerable and accepting when it comes to religious beliefs. If an employee has a certain belief or practise (which is affected by work conditions), you must make reasonable changes.

For example, changing your uniform policy to accommodate employees who wear religious clothing (like hijabs and turbans).

In some cases, you might be obliged to choose health & safety over these rights. But in the end, you must ensure workplace practices are free from religious discrimination.

Disability discrimination

Under the same act, you must legally provide changes which aid employees with disabilities.

These can include a range of accommodation; from wheel-chair accessibility to AI technology for those with visual impairments.

Most businesses have access to funding and grants for practical accommodation. These are provided by the Department of Employment Affairs & Social Protection.

Failure to provide reasonable accommodation for disabled employees can result in disability discrimination claims.

Remember, these changes shouldn’t significantly impact your operations, output, or revenue. They don’t need to be excessive or disproportionate (which may end up affecting your business).

How to provide reasonable accommodation in the workplace

Workplace changes can be created based on individual employees and their specific needs.

You might identify them through conversations, or a reasonable accommodation request letter may have been raised.

Whichever it may be, once an issue has been recognised, you have a legal and moral duty to create positive changes. Here’s how to provide reasonable accommodation in the workplace:

Perform assessments

You can perform assessments that will outline the extent of an employee’s situation. Check what the impact has on performing daily tasks or the job on a whole.

Remember, employees will have an array of diverse conditions. So, it’s important to thoroughly comprehend their individual condition and the outcomes.

Identify needs

You must be able to identify the employee’s specific needs. This will allow you to help manage their work expectations. You can do this by:

  • Involving them in all changes and decisions.
  • Providing appropriate alterations.
  • Outlining which job specifications are essential and which are changeable.
  • Determining whether relevant colleagues will be affected.
  • Seeking further rehabilitation advice if necessary.

Implement changes

Once you’ve outlined changes, implement the most practical and effective ones for the employee–and the business.

Aim to choose changes that are the most beneficial, rather than implementing general ones. Make sure all managers follow through with reasonable accommodation training regularly.

Action reviews

It’s important to keep an eye on whether your changes are working. Through actioning reviews, you can see which ones are the most useful, and which ones may need further alterations.

Employees themselves may also highlight what specific changes might be required.

Regulate evaluations

As work continues, aim to implement regular evaluations of your work practices. These can be carried out monthly or seasonally.

Once you’ve seen how accommodations have been used, add them to your policies, handbooks, and contracts.

Get expert guidance on reasonable accommodation with Peninsula

Employees who are affected by work cultures or practices must be given reasonable accommodation s. Remember, these can range from promotional opportunities to equal access in workspaces.

Failing to consider their work needs may result in costly legal claims, expensive fines, and business damages.

Peninsula offers expert guidance on reasonable accommodation. Our clients get access to 24-hour HR advice, where specialists can help you protect your staff and business simultaneously.

Get in touch today or use our callback form to arrange a more convenient time. Call us on 0800 028 2420

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