Explaining the Legal Obligation of Providing Reasonable Accommodation in the Most Understandable Way

This article is about reasonable accommodation.

If this is your first time hearing the term "reasonable accommodation", take this opportunity to learn more.

1. What is Reasonable Accommodation?

First and foremost, reasonable accommodation is not about simply promoting "please be considerate." It cannot be summed up with just the word "compassion."

Reasonable accommodation refers to adjustments made to remove the difficulties, inconveniences, and barriers that individuals with disabilities experience in society (in daily life).

Reasonable accommodation was incorporated into the Act for Eliminating Discrimination against Persons with Disabilities, and its recognition has spread.

Movements by people with disabilities to seek reasonable accommodation from schools, stores, and railway companies, as well as coverage on social media and in the media, have contributed to its increased awareness.

The 2021 incident involving columnist Natsuko Ise's refusal of boarding was a news story that made people think about discrimination against people with disabilities and reasonable accommodation.

Reasonable accommodation requires that when a person with a disability communicates the need to remove social barriers, accommodation should be provided as long as the burden of removal or assistance is not excessive.

It is important to ensure that the rights and interests of persons with disabilities are not harmed.

The Convention on the Rights of Persons with Disabilities defines reasonable accommodation as follows:

"Reasonable accommodation" means necessary and appropriate modifications and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure that persons with disabilities enjoy or exercise on an equal basis with others all human rights and fundamental freedoms.

Source: Convention on the Rights of Persons with Disabilities | Ministry of Foreign Affairs

1-1. Is Reasonable Accommodation a Duty or an Obligation?

Reasonable accommodation aims to correct (or reduce) the inequality of opportunities created by social barriers, social recognition, and misunderstanding.

For example, consider a situation where a wheelchair user wants to use a store that has only stairs (and no handrails) at the entrance.

From the perspective of reasonable accommodation and the Act for Eliminating Discrimination against Persons with Disabilities, the barrier of "an entrance with only stairs (and no handrails)" is considered to be created by the business operator.

If the business operator is creating the social barrier or disability, it is considered the responsibility and obligation of the business operator to remove the cause.

It is not something that people with disabilities should have to strive, devise, or think about, nor is it something that business operators do out of kindness; it is their obligation.

Until April 2021, the content of reasonable accommodation was a legal obligation for administrative agencies and local governments, while it was an effort obligation for private businesses.

However, in May 2021, the revised Act for Eliminating Discrimination against Persons with Disabilities was enacted in the 204th ordinary session of the Diet.

As a result, reasonable accommodation became a legal obligation for private businesses as well.

When a business operator repeatedly violates the obligation to provide reasonable accommodation, the competent minister may request reports, give advice, guidance, or recommendations (Article 12 of the Act for Eliminating Discrimination against Persons with Disabilities. The same applies when unjust discriminatory treatment is repeated).
If the business operator fails to submit the requested report or submits a false report after receiving a report request from the competent minister, they may be fined up to 200,000 yen (Article 26 of the Act for Eliminating Discrimination against Persons with Disabilities).

Source: https://keiyaku-watch.jp/media/hourei/goritekihairyo-2024/

1-2. When Does the Obligation for Reasonable Accommodation Begin? What is the Impact on Private Businesses?

On March 14, 2023, the government announced that the obligation to provide reasonable accommodation would begin on April 1, 2024.

Companies that already employ people with disabilities are required by the Act on Employment Promotion of Persons with Disabilities to provide reasonable accommodation in employment.

Even when grouped under the term "people with disabilities," the points of difficulty they experience in society vary. Reasonable accommodation prohibits refusing to provide services, delaying responses, or engaging in unjust discriminatory treatment based solely on the fact that a person has a disability, with reasons such as "there is no precedent" or "we cannot make exceptions."

However, on the other hand, the burden on the provider should not affect their primary duties. This is because it is important to avoid a situation where the provider must "always respond exactly as requested by the person with a disability."

For example, in a restaurant, the primary duty is to provide meals and drinks, not to provide care.

If providing reasonable accommodation affects the provider's primary duties, they can discuss with the person with a disability and find feasible alternative solutions.

As reasonable accommodation becomes mandatory, communication to establish a common understanding with people with disabilities will become increasingly important for service providers.

The Cabinet Office has released specific examples of reasonable accommodation. Please check to see which ones qualify as reasonable accommodation.

Reference: Collection of Specific Examples of Reasonable Accommodation (Reasonable Accommodation Search) | Cabinet Office

Reference: Mandatory Provision of Reasonable Accommodation in Private Companies "Revised Act for Eliminating Discrimination against Persons with Disabilities" Effective April 1, 2024

2. Examples of Reasonable Accommodation

Since the recognition of reasonable accommodation has spread, many municipalities and the government have shared good examples from various stores and companies. Here are some examples.

The General Incorporated Association Ayumi also distributes an overview and key points of reasonable accommodation and a hospitality manual to raise awareness and encourage the provision of better services.

2-1. Mindset for Providing Reasonable Accommodation

Ayumi believes that "understanding" between both people with disabilities and business operators is essential for reasonable accommodation.

People with disabilities should avoid making unreasonable or excessive demands and should propose what they want done in a pleasant manner.

A common issue is proposing in a confrontational manner.

Doing so makes it difficult for the business operator to provide services pleasantly.

On the other hand, business operators should value "first, having the courage to ask what they can do". It is important not to prematurely decide that something is "impossible" or "unmanageable" before accurately understanding the situation.

Specifically, please keep the following actions in mind.

・When someone seems to be in trouble, first offer assistance and confirm if help is needed before taking action.
・Communicate according to the characteristics of the disability (writing, reading aloud, sign language, etc.).
・Treat the person as a "person" rather than as a "person with a disability."
・If the requested response cannot be provided, listen carefully and propose alternatives.

In reasonable accommodation, it is important for both parties to "make the utmost effort to understand within their capabilities."

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2-2. Good Examples of Reasonable Accommodation by Companies

Reasonable accommodation is not limited to people with physical disabilities. Here are examples of what companies are doing for people with various disabilities.

・Assist wheelchair users with caster lifting when there are steps.
・Read aloud and explain the contents of documents or menus to people with visual impairments.
・Speak slowly, carefully, and clearly to people with intellectual disabilities to make it easier to understand.
・For people with mental disabilities who may become confused with too much information at once, organize and convey information slowly and concretely, such as by writing it down.

2-3. Good Examples of Reasonable Accommodation in Restaurants and Other Stores

With the obligation of reasonable accommodation extended to private businesses, restaurants and other stores are also included.

Here are some examples for store operators who directly interact with people with disabilities.

・Implemented table-side payment instead of only at the register.
・Staff directly took orders.
・Staff delivered food to the table when it was noticed that calls were not being noticed.
・Communicated using writing (paper-based communication).
・Provided spoons and forks along with chopsticks.
・Checked the preferred size and served food accordingly.
・Prepared food using a blender for easier consumption.

3. Articles on Reasonable Accommodation Published by Ayumi

Ayumi has published various articles on "reasonable accommodation" from different perspectives. Here are some of them.

4. In Conclusion

How was the information on reasonable accommodation this time?

For those operating stores or companies, please also see articles on litigation risk avoidance and measures for reasonable accommodation.

We hope that not only the term reasonable accommodation but also the Japanese spirit of "hospitality," which is respected worldwide, will be cherished, fostering mutual consideration and improvement.