Seeking proper accommodation at work if you have a disability

  • Find it in the Law:
    Law on Protection from Discrimination
  • Who is responsible:
    Your employer is responsible to make sure that you are properly accommodated. If you are working in an institution, you can always try to find the appropriate address to address complaints, such as human resource offices. Check internal regulations and organograms for proper address to file a complaint.
  • Who can help me:
    In case your employer is not responsive, you might try and seek legal and other forms of assistance with the NGOs working with disabilities or with the labour inspectorate. If you are of a certain profession that has a professional association, the association could also be of help. Otherwise, the Ombudsperson Institution would also be an address for support.

Let’s say you have some kind of disability and are applying for a job or are employed in a certain company or public institution. The institution where you work is obliged by law to make necessary accommodation that would make it possible for you to work or get promoted regardless of your disability. This right is stipulated in Clause 19 of the Law on Protection from Discrimination. The law obliges employers to take necessary measures in special circumstances in order to enable a person with disabilities to have access, take part or get advanced in employment and training, except in those cases when this is an extraordinary burden for the employer. In practical terms, what this means is that if you have a disability that prevents you to get hired or promoted, you have the right to file a complaint in case the employer does not bother to create the necessary adjustments in the workplace that would enable you to work. However, in order for the complaint to be justified, these adjustments would need to be reasonable and affordable for the employer. According to the law, the measures that need to be taken to accommodate the person with a disability must not be a “disproportional burden for the employer”. In other words, the company for example can’t make an investment that would seriously risk business operations in order to accommodate the disabled worker in the workplace.

  

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