This article provides valuable information for individuals and businesses involved in store operations.
With the enactment and revision of the Act on the Elimination of Discrimination against Persons with Disabilities, the number of lawsuits and consultations from people with disabilities has been increasing annually.
This article is aimed at stores and companies looking to mitigate litigation risks.
1. What is the Act on the Elimination of Discrimination against Persons with Disabilities?
The Act on the Elimination of Discrimination against Persons with Disabilities was enacted to create a society where all citizens can coexist without being discriminated against based on disability.
Reference: Act on the Promotion of Elimination of Discrimination on the Ground of Disability｜e-Gov Law Search
It prohibits unfair and discriminatory treatment based on disability by both public and private entities. Additionally, when a person with a disability requests the removal of social barriers (cooperation request), reasonable accommodation must be made as long as it does not impose an undue burden.
It is important to note that this does not mean businesses must accept and respond to all proposals from persons with disabilities. Instead, businesses should strive to remove social barriers to the best of their ability.
2. Key Points of the Amendment to the Act on the Elimination of Discrimination against Persons with Disabilities
The Act on the Elimination of Discrimination against Persons with Disabilities is known for incorporating the concept of "reasonable accommodation."
Previously, reasonable accommodation was a legal obligation only for administrative bodies, while businesses were encouraged to make efforts. However, in May 2021, the revised Act on the Elimination of Discrimination against Persons with Disabilities was enacted.
This amendment legally mandates reasonable accommodation for private businesses as well.
Reasonable Accommodation Becomes a Legal Obligation
From April 1, 2024, private businesses will also be required to provide reasonable accommodation, as announced by the government on March 14, 2023.
This means that companies providing goods and services, including restaurants, will be subject to the obligation of reasonable accommodation.
As explained above, reasonable accommodation does not mean accepting all proposals from persons with disabilities. It involves removing barriers that persons with disabilities face in society to the extent that it does not affect the business's primary operations.
It is important to engage in communication and seek better solutions together, rather than one party bearing the burden alone.
Penalties
What happens if reasonable accommodation is not provided and the rights of persons with disabilities are violated? Are there any penalties?
According to the Cabinet Office's 'Frequently Asked Questions and Answers about the Act on the Promotion of Elimination of Discrimination on the Ground of Disability for the Public,' the following is stated:
This law does not immediately impose penalties for violations by private businesses. However, if the same private business repeatedly engages in discrimination that infringes on the rights and interests of persons with disabilities, and voluntary improvement cannot be expected, the minister in charge of the business conducted by the private business can request a report. If false reports are made or reports are neglected, penalties (a fine of up to 200,000 yen) may be imposed.
Source: Frequently Asked Questions and Answers about the Act on the Promotion of Elimination of Discrimination on the Ground of Disability for the Public｜Cabinet Office
The key point here is that not providing reasonable accommodation is not penalized. It is considered a violation not to address reasonable accommodation.
Therefore, it is important not only to consider what difficulties persons with disabilities face but also to be conscious of creating communication opportunities.
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3. Introduction of Cases that Developed into Lawsuits under the Act on the Elimination of Discrimination against Persons with Disabilities
There are many cases where stores or companies that were unaware of the Act on the Elimination of Discrimination against Persons with Disabilities unilaterally refused entry to persons with disabilities and were subsequently sued by the individuals involved.
In fact, there was a case where a net café was ordered to pay 700,000 yen in damages for refusing entry based solely on the presence of a disability. Additionally, on October 28, 2021, a sports gym operating company was ordered to pay 330,000 yen in compensation for refusing entry to a person with a physical disability using an electric wheelchair.
As shown in the table above, the number of consultations related to discrimination against persons with disabilities and reasonable accommodation is increasing nationwide.
It is no longer acceptable to say, "We were unaware of the Act on the Elimination of Discrimination against Persons with Disabilities and reasonable accommodation."
You can check the survey results related to the law on the elimination of discrimination based on disability from the link below.
4. Litigation Is Not the Only Risk
For stores and companies, being sued and ordered to pay compensation is not the only risk. Nowadays, media information is quickly spread on social media.
When information spreads, it can damage the image of the store or company. This damage can lead to a loss of customers. To prevent this, it is important to learn about the Act on the Elimination of Discrimination against Persons with Disabilities and reasonable accommodation and to acquire the correct skills for interacting with persons with disabilities.
Conversely, stores and companies that provide good service and interaction with persons with disabilities will see positive reviews spread on social media. This can be a factor in differentiating them from other stores and companies.
The presence or absence of measures to reduce litigation risk under the Act on the Elimination of Discrimination against Persons with Disabilities can significantly impact the image of a store or company.
5. Mutual Efforts Between Stores, Companies, and Persons with Disabilities
Some may feel unsure about what to do to avoid litigation risks.
Instead, if you can sincerely face your customers by asking, "What can we do?" "What are their difficulties?", the quality of customer service will naturally improve.
Persons with disabilities and non-disabled individuals are both "human beings". If treated poorly, they will feel bad.
Conversely, persons with disabilities should avoid making "excessive demands" or "unreasonable requests" and should "propose and request" what they would like from the store with an open heart, as Ayumi believes.
This is truly about "mutual efforts" between stores, companies, and persons with disabilities.
6. In Conclusion
This article has discussed litigation risks associated with the Act on the Elimination of Discrimination against Persons with Disabilities.
The key point of the amendment to the Act on the Elimination of Discrimination against Persons with Disabilities is the "reasonable accommodation" that will be newly required from April 1, 2024, which requires judgment, response, and adjustment based on individual cases related to disabilities.
For businesses and stores, it is important to prepare a flexible acceptance system to ensure smooth and appropriate accommodation and adjustment.
Ayumi's support service for barrier-free measures provides assistance in both software and hardware aspects, as well as information barrier-free measures, tailored to stores and facilities, in collaboration with persons with disabilities.
If you are interested in understanding the Act on the Elimination of Discrimination against Persons with Disabilities and reasonable accommodation and want to implement barrier-free measures that are easy for as many people as possible to use, please feel free to contact us.
Please fill in "30-minute free consultation" on the page below to contact us.
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If this article has prompted you to consider not treating persons with disabilities as "untouchables" but rather "how to best accommodate and include persons with disabilities," Ayumi would be pleased.
