What are reasonable accommodations?
Whether tangible, intangible or organisational, reasonable accommodations enable persons with disabilities to work, to go to school, play sports, access information, etc., by compensating for the obstacles they encounter.
Definition
Reasonable accommodations are a concrete measure designed to neutralise the negative impact of an unsuitable environment on the participation of a person with a disability.
The aim of reasonable accommodations is not to give the person an advantage, but to compensate, as far as possible, for a disability in an unsuitable environment.
What does the law say?
The right to inclusion of people with disabilities is guaranteed by the Belgian Constitution.
Refusing to provide reasonable accommodations for a person with a disability constitutes discrimination, unless the requested accommodations represent a disproportionate burden.
An article aimed at guaranteeing the rights and freedoms of people with disabilities was incorporated into the Belgian Constitution in 2021. It states that "Every person with a disability has the right to full inclusion in society, including the right to reasonable accommodations.”
Examples of reasonable accommodations
- Véronique is studying to be a nurse. As she is hard of hearing, the clinic where she is doing her work placement provides her with an adapted stethoscope (with amplifier).
- Natacha is studying journalism. She has attention problems and is easily distracted by external stimuli. She is therefore allowed to take her exam in a quiet room so that she is distracted as little as possible.
- Gérard witnesses an accident. With the help of a Belgian French sign language interpreter, he can give an accurate account.
- Inès is a lawyer. As she is blind, her colleagues systematically use the alternative text tool so that her screen reader can read the description of the images to her.
What doreasonable accommodations allow for?
When universal or collective solutions are not (or are no longer) possible, tailor-made solutions have to be sought at a more individual level. This is what we call a reasonable accommodation. Please note: reasonable accommodations are not favours, but a legal obligations.
- A reasonable accommodation meets the needs of a disabled person.
- It enables the person to work, learn, do sports, live, etc. on an equal footing with others.
- It enables them to carry out their activities or move around as independently as possible.
- It ensures the individual’s safety and respects their dignity.
What are the indicators for introducing reasonable accommodations?
There are various criteria for assessing the reasonableness of a development:
- its cost ;
- its frequency ;
- duration of use
- its impact on the organisation
- its impact on the person with the disability;
- its impact on the environment ;
- the absence of equivalentalternatives;
- neglect of obvious or legally binding standards.
Practical rules for reasonable accommodations
- Reasonable accommodations are always tailored to the individual and specific needs of the disabled person. They may take different forms: tangible, intangible or organisational. Sometimes several accommodations are required for the same person.
- Reasonable accommodations are not intended to give people with disabilities an advantage over others. On the contrary: these measures compensate for the disadvantages they suffer as a result of an unsuitable environment.
- In some cases, reasonable accommodations can benefit several people with disabilities. A good example is sign language interpretation when several people with a hearing impairment are present.
FAQ about reasonable accommodations
Open Do I have to be officially recognised as having a disability in order to benefit from reasonable accommodations?
No. Anti-discrimination legislation does not require official recognition of a disability in order to benefit from reasonable accommodations. The legislation is based on the social definition of disability set out in the United Nations Convention on the Rights of Persons with Disabilities. A medical opinion or an opinion from a multidisciplinary team attesting to specific needs may nevertheless be useful in supporting a request for reasonable accommodations, especially in the case of an invisible disability.
Open If I grant reasonable accommodations to a person with a disability, do I also have to grant accommodations to people without a disability?
No. The reasonable accommodation provided for in anti-discrimination legislation applies only to people with disabilities.
However, since 2024, they can also be granted to carers under the Brussels anti-discrimination legislation
Unia is calling for this right to 'reasonable accommodation by association' to be extended to the legislation of the other entities.
Open What is "reasonable accommodation by association"?
- Flexible working hours so that you can accompany your autistic child to his weekly appointments with the psychologist.
- Additional days of teleworking to stay with a chronically ill parent.
- Access by car to a restricted area to support a disabled brother or sister in their daily life.
Even if they are not granted directly in favour of a disabled person, these facilities are often essential for relatives who support a disabled person. At present, only the Brussels anti-discrimination legislation provides for them. Unia is calling for this right to "reasonable accommodations by association" to be extended to the legislation of the other entities.
Open Is there a procedure for making a request for reasonable accommodations?
With the exception of the legislation in Flanders, anti-discrimination legislation does not provide for a specific procedure for requesting reasonable accommodations. In the workplace, the initiative may come from the employee personally or from the employer who notices that the employee is having difficulty performing certain tasks. Reasonable accommodations may also be proposed by the attending physician or the prevention advisor/occupational physician.
Find out more about reasonable accommodation
In practice, Unia notes that more and more companies - particularly in the public-sector - are developing internal procedures regulating requests for reasonable accommodations. This positive practice makes it possible to highlight the right to such accommodations for workers with disabilities within the company, while at the same time providing guidelines for dealing with the various requests.
Report discrimination
Do you feel you have experienced or witnessed discrimination? Report it online or call the toll-free number 0800 12 800 on weekdays between 9.30 a.m. and 1 p.m.