Reasonable Accommodation

Although the term 'reasonable accommodation' is not explicitly defined in the Ghana Persons with Disability Act, 2006 (Act 715), the concept is implicitly embedded in several of its provisions. For instance, Section 11 mandates that 'Employers are also to make sure they provide PWDs with the requisite tools or facilities to able them carry out their duties as employees.' This requirement for employers to provide necessary tools and facilities to enable PWDs to perform their duties efficiently directly reflects the principle of reasonable accommodation, ensuring that workplaces are adapted to meet the specific needs of employees with disabilities without imposing an undue burden.

In the context of the Kenya Disability Rights Act, 'Reasonable Accommodation' refers to necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure persons with disabilities enjoy or exercise on an equal basis with others all human rights and fundamental freedoms. In employment, this includes adjustments to the workplace, work schedules, equipment, and communication methods to enable an employee with a disability to perform their job effectively.

While not explicitly defined as a standalone term within the Act's initial sections, the principle of 'reasonable accommodation' is implicitly and explicitly addressed throughout the Discrimination Against Persons with Disabilities (Prohibition) Act, 2018. It refers to the necessary and appropriate modifications and adjustments that do not impose a disproportionate or undue burden, which are required in specific situations to ensure that persons with disabilities can enjoy all human rights and fundamental freedoms on an equal basis with others. This includes making physical environments, transportation, information, and communication accessible, as well as providing assistive services and facilities in employment settings. The Act mandates a transitory period for public buildings and structures to be modified to be accessible, reflecting a commitment to this principle.

Reasonable accommodation, particularly relevant for persons with disabilities, refers to necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms. The Law mandates that employers and service providers make such accommodations to prevent discrimination.