by Alethea Chai, PSA Deaf and Disabled Network committee member
When Nicola Willis announced new Government expectations on working from home, top of mind for the PSA Deaf and Disabled Network was reasonable accommodations in the workplace.
While the PSA is advocating to maintain flexible working by default, this is a good time to consider negotiating flexible working as a reasonable accommodation with your employer.
All workers can request reasonable accommodations. However, this article will focus on the legal right disabled workers have to reasonable accommodations.
Disabled workers have a right to reasonable accommodations
Reasonable accommodations are modifications to a job or physical work environment that enable a disabled person to carry out their work.
Te Kāhui Tika Tangata Human Rights Commission's (HRC) guidance on reasonable accommodations advises that it can be a form of discrimination if an employer fails to provide reasonable accommodations for a disabled employee.
The Human Rights Act 1993 protects employees against discrimination on the basis of disability.
This includes:
- physical disability or impairment
- physical illness
- psychiatric illness
- intellectual or psychological disability or impairment
- any other loss or abnormality of psychological, physiological, or anatomical structure or function
- reliance on a disability assist dog, wheelchair, or other remedial means
- the presence in the body of organisms capable of causing illness.
The benefits of reasonable accommodations
Reasonable accommodations allow disabled employees to carry out their work on an equitable basis to others. Not only is this mana- enhancing for disabled workers, but it is beneficial to employers. As the HRC states, employers benefit “from the wealth of experience disabled people bring to their roles as members of staff”.
Flexible working can be a reasonable accommodation.
So, if you are a disabled worker and your employer has taken a restrictive approach following the recent announcement that affects your ability to be able to carry out your work, consider negotiating flexible working as a reasonable accommodation with your employer. One of the benefits to this accommodation is that there is little to no cost to the employer to provide this accommodation.
Negotiating a reasonable accommodation
It is best to formally request reasonable accommodations in writing. Make sure to explain how your reasonable accommodation is based on your needs, and how an accessible working environment will help you produce your best work for your employer. If you are unsure how to negotiate a reasonable accommodation, reach out to a PSA delegate to support you in the process.