Two actions are required to provide reasonable accommodations.
Identify what the person with disabilities requires to participate (interactive dialogue)
Image Description
Diagram depicting how to identify what the person with disabilities requires to participate through interactive dialogue.
The diagram is made of 5 connected and consecutive boxes:
If no solution is found, one should use the checklist provided on the same below the diagram.
Image description end
Consider every resource that is available to hand. Consider an express purchase from external providers. Check that the offeredsolution does not meet the requirement of the person concerned.
If none of the available options meet the requirements of the person, failure to meet his or her requirement is not discriminatory.
ASK | True | False |
Is it impossible to provide this adjustment because it is not available? | ||
Is it impossible to procure this adjustment in time to meet its purpose? | ||
Is it illegal to provide this adjustment? |
Any justification of the denial of reasonable accommodation must be based on objective criteria and communicated in a timelyfashion to the person concerned.236
The following questions should guide reasoning when assessing a request for reasonable accommodation and justify its denialwithout discrimination on the basis of disability. Please note that the assessment ends at the first negative response; ifthe response is positive, continue to the next question.
1. Is it legal to provide the adjustment required? (In this context, ‘legal’ should be understood to mean that no legal barrier prohibits the adjustment. The absence of anexplicit regulation establishing the duty to provide reasonable accommodation does not justify inaction; inaction might implydiscrimination on grounds of disability. ‘Illegal’ should be interpreted strictly to mean that a law or regulation prohibitsthe accommodation proposed. Even where this is true, the parties should seek to obtain waivers when this is appropriate andfeasible.)
2. Is it possible or feasible to provide the adjustment? (Is the requirement obtainable?)
(This question seeks to establish whether the requirement is objectively achievable whenever and wherever it is required.It does not assess whether it is actually necessary or appropriate to meet its purpose; or whether available resources, includingexternal resources that can be easily obtained, are available to cover the cost.)
3. Is the adjustment required necessary and appropriate? Will it remove the barrier in question and effectively ensure realization of the right on an equal basis with others?
(This question determines whether the required adjustment meets its purpose. Does it contribute to the removal of a particularbarrier and therefore enable the concerned person with disabilities to exercise his or her right on an equal basis with others?)
4. Does the adjustment required impose a disproportionate or undue burden?
(This question assesses whether it is disproportionately burdensome to provide the required adjustment. Answering this questionrequires a judgement of proportionality. Is it reasonable to expend the resources that will be required to make the adjustment(in time, cost, impact, etc.) in order to achieve the aim, which is the enjoyment of the right concerned?)
If the adjustment required is judged unduly burdensome, refusal of accommodation is not discriminatory.
It could be unduly burdensome because, for example: