Mandatory Reasonable Accommodation? Key Points, Case Studies, and Easy-to-Understand Solutions!

In May 2021, a part of the Act on the Elimination of Discrimination against Persons with Disabilities was amended, and from April 1, 2024, private businesses are legally required to provide reasonable accommodation.

Previously, the obligation to provide reasonable accommodation was limited to government agencies and public facilities.

With the legal amendment, many business operators may be wondering how to respond to the obligation imposed on private companies.

This article will clearly explain the necessary actions for business operators in preparation for the obligation of reasonable accommodation, using specific examples.

If you are considering a workshop on reasonable accommodation or are unsure how to implement it on-site, please feel free to contact us.

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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 is a law enacted to realize a society where all citizens, regardless of whether they have disabilities, can coexist while respecting each other's dignity and individuality.

Established in June 2013, its purpose is to promote the elimination of discrimination based on disabilities.

The official name of the Act on the Elimination of Discrimination against Persons with Disabilities is "Act on the Promotion of the Elimination of Discrimination on the Basis of Disability," and it primarily prohibits unjust discriminatory treatment and requires the provision of reasonable accommodation.

It applies not only to government agencies but also to private companies.

Additionally, when a person with a disability expresses a desire to remove social barriers, reasonable accommodation must be provided unless it imposes an undue burden.

For more detailed information about the Act on the Elimination of Discrimination against Persons with Disabilities, please refer to the following article.

Reference:

2. What is Reasonable Accommodation? Explained Simply and Clearly

2-1. Meaning of Reasonable Accommodation

Reasonable accommodation refers to measures taken to remove various barriers in daily life so that all people, regardless of disabilities, can live equally in society.

For example, a step that poses no problem for non-disabled individuals can be a significant barrier for wheelchair users.

As a result, they may have to give up entering a store.

However, measures such as installing a ramp at the store entrance or having others lift the wheelchair over the step can be taken.

These measures are "reasonable accommodation" to remove social barriers and are essential for people with disabilities to live equal social lives.

Reference: For those considering compliance with legal revisions and branding

2-2. Who is Eligible for Reasonable Accommodation?

The individuals eligible for reasonable accommodation are as follows:

• (Severe) Physical Disabilities
• (Severe) Intellectual Disabilities
• Mental Disabilities
• Developmental Disabilities
• Individuals with other physical or mental functional impairments that significantly limit or make it extremely difficult to engage in occupational life over a long period

Reference: Article 2, Paragraph 1 of the Act on Employment Promotion of Persons with Disabilities | Ministry of Health, Labour and Welfare

The definition of disabilities eligible for reasonable accommodation is broad, targeting individuals who have long-term limitations in daily and social life.

In other words, the term "persons with disabilities" as specified by law (including children with disabilities under 18) is not limited to those with a disability certificate but includes all individuals who feel social barriers due to physical or mental disabilities.

Additionally, a doctor's certificate proving the disability is not required, but when applying for reasonable accommodation in the workplace, submission of one document may be requested.

2-3. Scope of Reasonable Accommodation

When a request for accommodation is made by an eligible person, it is necessary to respond to the request for reasonable accommodation.

Furthermore, as a business operator, reasonable accommodation must meet the following three conditions in line with the purpose, content, and function of the business or service:

• Limited to responses incidental to the original business within the required scope
• Intended to provide the same opportunities as those without disabilities
• Does not involve fundamental changes to the purpose, content, or function of the business or service

A characteristic of providing reasonable accommodation is that it must not impose an undue burden.

For example, if a person with a disability requests assistance with eating at a restaurant, and the restaurant refuses on the grounds that "assisting with eating is not part of the business," it is not considered a violation of the obligation to provide reasonable accommodation.

Whether reasonable accommodation constitutes an "undue burden" is determined comprehensively and objectively based on the situation, considering factors such as:

• The extent of the impact on the business or service
• The degree of feasibility
• The extent of costs and burdens
• The scale of the business or service
• Financial and fiscal conditions

Appropriate judgments must be made on a case-by-case basis according to the criteria introduced so far.

Reference: Mandatory Provision of "Reasonable Accommodation" for Persons with Disabilities by Business Operators | Government Public Relations Online

2-4. Is Reasonable Accommodation Selfish?

Reasonable accommodation is not something provided in addition to what others receive, but rather an effort necessary to obtain the same things that others take for granted.

It is an effort to bridge the gap created by society or business operators, and it is not selfish.

To explain more clearly, reasonable accommodation is a measure necessary to stand on the same starting line as others.

Just as wearing glasses is not selfish for someone who cannot see without them, efforts or measures to bridge pre-existing gaps are not selfish but constitute reasonable accommodation.

The difference between reasonable accommodation and selfishness can be summarized as follows:

For example, asking for advance notice of what kind of guidance will be given because being pointed out by a superior is intimidating is reasonable accommodation, while asking not to be pointed out for mistakes because one is uncomfortable with being corrected is selfishness.

When seeking reasonable accommodation, be careful not to confuse it with selfishness.

Reference:

3. How Will the Legal Obligation of Reasonable Accommodation for Private Companies Change Things?

With the legal obligation of reasonable accommodation extending to private companies from 2024, what impact will this have on business operators?

Here, we will explain the background of the obligation of reasonable accommodation and the specific actions required of private companies.

For corporations that want to check with materials: Request for Reasonable Accommodation Materials
For those considering a reasonable accommodation workshop:

3-1. Why is Reasonable Accommodation Being Made Mandatory for Private Companies?

Until now, the obligation of reasonable accommodation was limited to government agencies, such as national and local governments, with private companies having a "duty to make efforts."

However, in May 2021, the House of Councillors passed the amendment to the Act on the Elimination of Discrimination against Persons with Disabilities, making reasonable accommodation mandatory for private companies from April 1, 2024.

The background to this obligation includes a shift in the perception of disabilities from a "medical model" to a "social model."

The medical model of disability views the limitations experienced in daily life as being due to "individual disabilities or illnesses."

However, this perspective can be interpreted as suggesting that barriers arising from disabilities are personal issues that the person with a disability should resolve.

In contrast, the social model views barriers arising from disabilities as "societal issues" and advocates for necessary accommodations and improvements.

This shift in perspective has led to the current amendment, which mandates the provision of reasonable accommodation by private companies.

If you want to learn more about the differences between the medical model and the social model, please refer to the following article.

Reference:

3-2. What Actions are Required of Private Companies?

Reasonable accommodation is addressed in two laws: the "Act on the Elimination of Discrimination against Persons with Disabilities" and the "Act on Employment Promotion of Persons with Disabilities."

Under the Act on Employment Promotion of Persons with Disabilities, the provision of reasonable accommodation in the employment sector by private businesses has been a legal obligation for some time.

This means that during the employment period, providing reasonable accommodation in the form of job content or working conditions according to the degree of disability remains a legal obligation for companies.

The current amendment emphasizes that reasonable accommodation is mandated not only in the employment sector but in all areas for private businesses.

For example, measures such as having store staff retrieve items displayed in high places inaccessible by wheelchair or guiding visually impaired customers to the location of products are required.

In situations where reasonable accommodation is needed, it is necessary to make a comprehensive judgment based on individual circumstances, environment, and type of disability, and provide appropriate accommodations.

It is important to note that the obligation to provide reasonable accommodation arises only when the person with a disability requests it and it does not impose an undue burden on the business.

For instance, assuming that a person with a hearing impairment wants to communicate in writing from the start may not be the reasonable accommodation they seek.

It is essential to respond flexibly, respecting the wishes of the person with a disability.

Additionally, if providing reasonable accommodation imposes an undue burden on the business, it is effective to explain the situation to the person with a disability and consider alternative measures.

The key to reasonable accommodation is to create solutions that satisfy both parties through "dialogue" between the person with a disability and the business operator.

3-3. Are There Penalties for Not Providing Reasonable Accommodation?

Although reasonable accommodation is mandated under both the "Act on the Elimination of Discrimination against Persons with Disabilities" and the "Act on Employment Promotion of Persons with Disabilities," there are no specific penalties for not providing it.

However, if unjust infringement of rights or discriminatory treatment of persons with disabilities is repeatedly conducted by the same private business, the government can request reports from the business.

Examples include refusing entry to a person with a disability without an accompanying caregiver or not introducing properties to a person with a disability.

If such incidents occur and the government requests a report, but the business fails to report or provides false information, there is a possibility of a fine of up to 200,000 yen.

Reference: Act on the Promotion of the Elimination of Discrimination on the Basis of Disability (Chapter 6: Penalties, Article 26) | Cabinet Office

In March 2024, Ryoko Nakajima, a well-known wheelchair influencer, shared the following content on social media, which received significant attention.

Accepting what clearly cannot be done is not reasonable accommodation.

However, it is necessary to respond to the following without undue burden:

• Explain the situation to the person with a disability and consider alternative measures
• Engage in dialogue with both the person with a disability and the business operator to come up with mutually agreeable solutions
• Clearly explain the reasons for inability and avoid reckless explanations

The lesson is that it is important to seek the best solution through dialogue without imposing an excessive burden on either party.

For those interested in understanding the approach to reasonable accommodation at Aeon Cinema Chofu, what appropriate responses would have been, and the benefits and points to be aware of in providing reasonable accommodation, we recommend a free 45-minute consultation.

4. Introducing Specific Examples of Reasonable Accommodation

4-1. Specific Examples in the Workplace and Schools

Examples of reasonable accommodation in the workplace include:

• Adjusting working hours and break times for employees with mental disabilities returning to work
• Installing ramps or considering seating arrangements for wheelchair users who have difficulty moving
• Providing manuals with illustrations or photos for employees with intellectual disabilities who have difficulty understanding verbally
• Communicating with employees with hearing disabilities through writing, sign language, or communication boards

Reasonable accommodation in the workplace has already been mandated under the "Act on Employment Promotion of Persons with Disabilities" enacted in 2016.

However, the law does not specify what specific accommodations are necessary.

When a person with a disability expresses a desire for reasonable accommodation, it is necessary to engage in dialogue between the person with a disability and the business operator to provide accommodations that do not impose an undue burden.

For more specific examples, please refer to the "Guideline Example Collection for Reasonable Accommodation" by the Ministry of Health, Labour and Welfare.

Reference: Guideline Example Collection for Reasonable Accommodation [Third Edition] | Ministry of Health, Labour and Welfare

Specific examples of reasonable accommodation in schools include:

• Allowing students with developmental disabilities who are hypersensitive to sound to use noise-canceling headphones
• Allowing students to leave the classroom during lessons
• Allowing students to take exams in separate rooms
• Providing flexible educational curricula and considering teaching materials
• Securing teachers and support staff

Reasonable accommodation in schools is based on the "Convention on the Rights of Persons with Disabilities" signed in 2014, and initiatives and guidance are being carried out in public schools by the Ministry of Education, Culture, Sports, Science and Technology.

From April 1, 2024, reasonable accommodation like the following will be legally mandated not only in public schools but also in private schools.

(1) The "Convention on the Rights of Persons with Disabilities" Article 24 "Education" recognizes the right of persons with disabilities to education and ensures an inclusive education system based on non-discrimination and equal opportunity. One of the measures to realize this right is the provision of "reasonable accommodation" for individuals.

Source: Document 3: About Reasonable Accommodation | Ministry of Education, Culture, Sports, Science and Technology

4-2. Specific Examples in Restaurants

Examples of reasonable accommodation in stores include:

• Installing ramps or assisting with entry and exit when there are steps at the store entrance
• Making menu or product descriptions easy to understand and using photos
• Providing verbal explanations or writing on the palm (handwriting) for visually impaired customers
• Communicating with hearing-impaired customers through writing or sign language
• Displaying prices in a visible direction or writing them on paper
• Conducting payments at the table
• Assisting with filling out forms or operating touch panels after confirming the customer's intention

In addition to the examples above, various examples are listed on the Cabinet Office's website, so please refer to them.

Reference: Collection of Examples of Providing Reasonable Accommodation | Cabinet Office

Looking at specific examples, some reasonable accommodations can be provided without incurring costs, while others, such as installing ramps, may require construction costs.

Did you know that municipalities have systems to subsidize costs related to providing reasonable accommodation?

For example, Toride City in Ibaraki Prefecture has a system to subsidize up to 100,000 yen for the installation of ramps or handrails to eliminate steps, as well as subsidies for purchasing items to provide reasonable accommodation.

Reference: Subsidizing Costs for Providing Reasonable Accommodation | Toride City

Let's realize reasonable accommodation for your store by effectively utilizing municipal subsidy systems.

5. What is "Heart Barrier-Free," Which is Spreading Simultaneously?

When providing reasonable accommodation, the concept of "heart barrier-free" is indispensable.

Heart barrier-free is a concept defined in the "Universal Design Action Plan 2020," which was approved by the Cabinet in February 2017.

It is about all people with various mental and physical characteristics and ways of thinking communicating and supporting each other to deepen mutual understanding.

Source: Universal Design 2020 Action Plan | Prime Minister's Office

In the society we live in, people with various disabilities live their daily lives while feeling barriers.

For example, stairs, which are built on the premise of being able to walk, are commonplace for non-disabled individuals but are a significant physical barrier for wheelchair users.

In such cases, guiding them to where elevators are located or considering other routes to the destination together through communication is reasonable accommodation based on the concept of heart barrier-free.

Thus, when providing reasonable accommodation, it is essential to understand the perspectives of people from various backgrounds and consider "what we can do" for them.

To embody heart barrier-free, the following three points are important.

(1) Understand the "social model of disability," which states that removing social barriers for persons with disabilities is society's responsibility.
(2) Ensure not to engage in discrimination (unjust discriminatory treatment and non-provision of reasonable accommodation) against persons with disabilities (and their families).
(3) Develop the ability to communicate with diverse others who have different conditions from oneself, and cultivate the ability to imagine and empathize with the difficulties and pain that everyone faces.

Source: Universal Design 2020 Action Plan | Prime Minister's Office (Decided at the Universal Design 2020 Related Cabinet Ministers' Meeting in February 2017)

The first point is to understand and act on the "social model," which views disability as a societal issue rather than an individual one.

The second point is to refrain from discriminatory behavior or speech against persons with disabilities, as prohibited by the "Act on the Elimination of Discrimination against Persons with Disabilities."

The third point is to empathize with others by communicating with diverse individuals and understanding their perspectives.

By being aware of these three points, take action to notice barriers in society and reach out to those in need.

If you want to learn more about heart barrier-free, the following article is also helpful, so please take a look.

Reference: What is Heart Barrier-Free? An