Action 1.2B: Develop and implement a confidential, transparent, and supportive Reasonable Accommodation Policy.

Guidance

Reasonable accommodations are the legal term in Irish law for the supports employers put in place to ensure disabled employees or job candidates have the conditions they need to showcase their talent.

AHEAD research from the WAM Programme shows that two thirds of accommodations recommended to employees are free or low-cost but identifying and implementing these supports is vital to ensure employees are included and can perform optimally in their roles.

“A lot of people think it’s going to break the bank to support people, but a lot of supports are free & low cost.”

WIDE Consultation Participant – Disability Organisation

Developing a Reasonable Accommodations or Accessibility Support Policy which is clear, strengths based, and which grants the employee agency in how and where their information is shared is a vital step in meeting legal obligations and creating an environment where employees can feel secure in notifying their employer of their disability.

“Develop policies and procedures for staff disclosure of disabilities with accompanying policies and procedures for the application of reasonable accommodations for staff who disclose a disability”.

WIDE Consultation Participant – Employer

To develop and implement an effective Reasonable Accommodation Policy, it is important to consult disabled employees and your disability partners (see Actions 1.1D and 1.1E) in its design and development.

“Build in comprehensive accessible consultation procedures- if you are consulting in the most accessible way, you should be gathering the information needed to develop robust and fit-for-purpose policy and strategies in this area.”

WIDE Consultation Participant – Employer

A quality reasonable accommodations policy should address:

• The Eligibility Criteria (If Any) for Accessing Reasonable Accommodations – best practice in line with human rights guidance is that in most cases self-identifying as requiring disability-related support should be enough to it. Case law has shown that constructive knowledge of disability (i.e., when the employer has information to suggest the employee has a disability) is enough to trigger the obligation to accommodate, but it’s useful for employers to design their policy from a strengths-based mindset, which a focus on empowering the employee to perform, by meeting their needs.
• The Needs Assessment Process – clearly outlining the structured process between organisation and employee to determine what supports are appropriate. It is important to place the employee’s voice at the heart of decision-making about appropriate supports.
• Confidentiality – clearly outlining the steps for managing situations when staff share disability-related information, who will receive what information to implement supports required and clearly gaining consent from employees for this to happen. To build trust and encourage people to feel safe in discussing their needs, is vital that information is shared on a ‘need to know’ basis only.
• Roles and responsibilities – clearly outlining people/functions in the organisation which have responsibilities relating to the provision of supports for disabled people.
• Process for monitoring and review – clearly stating that the needs assessment and agreed supports are a snapshot in time and providing a clear mechanism to instigate a review and update of the supports.
• Funding – clearly outlining where responsibilities lie within the organisation for funding the required supports and where relevant, which national funding streams can be drawn upon e.g., the Work and Access Scheme.

Developing and communicating a clear, confidential, and supportive process around the delivery of supports ensures the organisation meets its legal obligations and builds trust with disabled employees, reinforcing your commitment to an inclusive workplace.

“Don’t ask the question ‘do you have a disability’ if you are not going to do something positive with it.”

WIDE Consultation Participant – Disabled Person