| Programme : Presentation on Day
1 Text version of a PowerPoint Presentation:
How the concept
of Reasonable Accommodation operates in the context of the Hong Kong
Disability Discrimination Ordinance - Relationship with the Defence of
Unjustifiable Hardship
Presented by Esther Chan
Senior Policy and Research Officer
Equal Opportunities Commission
Hong Kong SAR,China
July 2005
Slide 1
How the concept of
Reasonable Accommodation operates in the context of the Hong Kong Disability
Discrimination Ordinance - Relationship with the Defence of Unjustifiable
Hardship
Esther Chan
Senior Policy and Research Officer
Equal Opportunities Commission
Hong Kong SAR,China
July 2005
2
What is Reasonable Accommodation
- Making adjustment when required to ensure equal opportunities for
people with disabilities is commonly referred to as reasonable
accommodation.
3
The purpose of providing accommodation
- To remove barriers to full and equal participation of PWDs in society
- To give effect to basic human rights and fundamental freedom for PWDs
4
Accommodation requires
- Adjustment or modification
- Links with the specific disability of an individual in a particular
activity
- Addressing specific needs
- Differential treatments
5
Providing accommodation is
- Not a charity
- More than a courtesy
- A legal obligation
It’s the right thing to do
6
Disability Discrimination Ordinance
- Section 4
In determining what constitutes unjustifiable hardship, all relevant
circumstances of the particular case are to be taken into account :
-- Reasonableness of the required accommodation
- Nature of the proportionate benefit to the detriment
- Effect of the disability of a person concerned
- Financial circumstances
7
What the law says
- Provision of reasonable accommodation to PWDs
- No specific provision defining ‘reasonable accommodation’ – case by
case
- Should not impose unjustifiable hardship on the person or organization
that required to provide accommodation
8
Accommodation is required in
- Employment
- Education
- Access to goods, services and facilities
- Participating in government and public activities
At any stage of any particular activity
9
Common Excuses for not Providing Accommodation
- Costly
- Disruptive
- Negative reactions from other parties
Myths and assumptions
10
Example of Hardship (1)
- S25 Access to premises
- Site constraint that prohibits the owners/management to provide
access to wheelchair users e.g. old buildings have no lift
- Structural constraint that does not permit retrofitting of
accessible features
11
Example of Hardship (2)
- S26 Provision of Goods, services and facilities
- People with serious heart disease are not admitted to diving
classes, i.e. the liability that the course organizer has to bear is so
great that it will cause hardship to him/her.
12
Example of Hardship (3)
- Section 12 (2)
- A school cannot wait indefinitely for a teacher who has contracted
serious illness and cannot tell when he can resume duty.
- Although accommodation has been made to hire substitute teacher for
the class, the temporary appointment cannot retain a substitute teacher.
Frequent change of teacher has caused undue disruption to class.
13
Example of Hardship (4)
- Section 24 Education
- A school cannot admit a child with learning disability who displays
behavioral problems of violent nature or presents a real danger that he
might attack other students and staff
- It poses hazards to other members of the school
14
Accommodation Vs Hardship ---Reasonableness
- Significant technical difficulties
- Disproportionate expenditure
- Extensively or fundamentally change the essential features of the
activity
- Negative reactions from irrelevant parties would not constitute undue
hardship
15
What constitute Reasonable Accommodation
- Feasible and practicable
- Effective in addressing individual’s special needs
- Without imposing unjustifiable hardship/disproportionate burden
- Not necessarily the preference chosen by the individual
16
Example of Reasonable Accommodation (1)
- Employment
- Flexible working hours to facilitate staff with chronic illness to
attend regular treatment
- Providing accessible equipment, such as power-braille, to staff with
visual impairment
- Reshuffling of duties or temporary transfer for staff unable to
carry out some non-essential functions of the job due to temporary
disabilities
17
Example of Reasonable Accommodation (2)
- Provision of Goods, Services and Facilities
- Utility companies/ banks to provide monthly statements in accessible
forms, e.g. Braille copy, or accessible electronic copy
- Adjusting the height and legroom of service counters to facilitates
wheelchair users
18
Example of Reasonable Accommodation (3)
- Education
- Students with difficulty in writing due to their disabilities are
allowed to have more time, or use alternative forms of assessment in
examinations.
- Whenever possible, alteration to the physical environment and
facilities of schools to meet the special needs of students with
disabilities, e.g. providing ramps, lift, accessible toilets etc.
19
No Hard and Fast Rule
- Every situation is unique
- Requires case-by-case determination
- All factors to be considered
20
How to provide accommodation
- Identify the essential features of the particular activity
- Identify the functional ability and disability of the individual
- Identify potential accommodation
- Assess reasonableness of the accommodation
- Select options
21
Making accommodation effective
- Individualized – addressing individual’s specific needs
- Interactive – communication between the user and the provider to
identify best options
- Sensitive to changing needs – change in health condition of
individual, workplace environment and job requirements
Requires Periodic Review
22
Reasonableness – Key to Accommodation
Return to top |
