Workplace accommodations for disabilities

FAQ for Workplace Accommodations for Disabilities

What is a disability?

According to South African law, disability means a permanent or temporary impairment, physical, intellectual, sensory, or a combination thereof, which, when interacting with various barriers, may hinder full and effective participation in society on an equal basis with others.

What is a reasonable accommodation?

A reasonable accommodation is any adjustment to a workplace or job that enables an employee with a disability to perform the essential functions of their job. It should not cause an undue burden on the employer.

When is an employer required to provide reasonable accommodations?

An employer is required to provide reasonable accommodations when an employee or job applicant with a disability requires it to perform the essential functions of their job, or to participate in the hiring process.

What are some examples of reasonable accommodations?

Reasonable accommodations can include flexible work hours, job restructuring, assistive technologies, ergonomic furniture, and modifications to the physical workspace.

Can an employer refuse to provide a reasonable accommodation?

An employer can only refuse to provide a reasonable accommodation if it would cause undue hardship on the business. Undue hardship means significant difficulty or expense.

What should I do if my employer refuses to provide a reasonable accommodation?

If your employer refuses to provide a reasonable accommodation, you should seek legal advice. You may be able to file a complaint with the Commission for Conciliation, Mediation, and Arbitration (CCMA) or the Labour Court.

Can an employer discriminate against a person with a disability?

No, it is illegal for an employer to discriminate against a person with a disability. This includes discrimination in hiring, promotion, training, and other employment-related decisions.

What should I do if I experience discrimination at work because of my disability?

If you experience discrimination at work because of your disability, you should report it to your employer's human resources department or a manager. If the issue is not resolved, you may file a complaint with the CCMA or the Labour Court.

Labour lawyers in South Africa primarily deal with laws and regulations related to employment and labor rights. They handle cases involving issues such as unfair dismissals, discrimination, workplace safety, wages, collective bargaining, and industrial disputes. The main legislation that governs labor relations in South Africa is the Labour Relations Act of 1995, which establishes the rights and obligations of employers, employees, and trade unions. Another significant law is the Basic Conditions of Employment Act, which sets out the minimum standards for employment conditions. Additionally, the Employment Equity Act promotes equality and prohibits unfair discrimination in the workplace. The Commission for Conciliation, Mediation, and Arbitration (CCMA) is a key body responsible for resolving labor disputes. For more information on South African labor laws and relevant governing bodies, you can visit the following links:

1. Labour Relations Act: https://www.acts.co.za/labour-relations-act-1995
2. Basic Conditions of Employment Act: https://www.acts.co.za/basic-conditions-of-employment-act-1997
3. Employment Equity Act: https://www.acts.co.za/employment-equity-act-1998
4. Commission for Conciliation, Mediation, and Arbitration (CCMA): http://www.ccma.org.za/