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, reasonable accommodation will be legally mandated for private businesses.

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

With the amendment of the law, many business operators may be wondering how to respond now that private companies are also required to comply.

This article will clearly explain the necessary responses for businesses in preparation for the mandatory reasonable accommodation, with concrete examples.

If you are considering a workshop on reasonable accommodation or are unsure how to implement reasonable accommodation 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 established to realize a society where all citizens, regardless of whether they have disabilities, respect each other's personality and individuality and coexist without discrimination.

It was enacted in June 2013, with the aim of promoting the elimination of discrimination based on disabilities.

The official name of the Act is "Act on the Promotion of the Elimination of Discrimination on the Grounds of Disability," and it mainly prohibits unjust discriminatory treatment and requires the provision of reasonable accommodation.

It applies not only to government agencies but also to private companies, which is a distinctive feature.

Moreover, if a person with a disability expresses the intention 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.

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2. What is Reasonable Accommodation? Explained in the Simplest Terms

2-1. The Meaning of Reasonable Accommodation

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

For example, a step that a non-disabled person can easily overcome can be a significant barrier for a wheelchair user.

As a result, there may be cases where they have to give up entering a store.

However, measures such as installing a ramp at the entrance of the store or having people around lift the wheelchair to overcome the step can be taken.

These measures are "reasonable accommodations" to remove social barriers and are essential for people with disabilities to live an equal social life.

Reference: For those considering compliance with law amendments and branding

2-2. Who is Eligible for Reasonable Accommodation?

The people with disabilities eligible for reasonable accommodation are as follows:

• (Severe) Physical Disabilities
• (Severe) Intellectual Disabilities
• Mental Disabilities
• Developmental Disabilities
• Others who have significant limitations in occupational life due to disabilities in physical or mental functions over a long period or find it extremely difficult to engage in occupational life

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

The definition of disabilities eligible for reasonable accommodation is broad, targeting people who have long-term restrictions on daily and social life.

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

Moreover, a doctor's certificate to prove the disability is not required, but when applying for reasonable accommodation at work, you may be asked to submit a document as one of the materials.

2-3. Scope of Reasonable Accommodation

When a person eligible for reasonable accommodation requests it, it is necessary to respond to reasonable accommodation.

Additionally, as a business operator, reasonable accommodation must meet the following three criteria in line with the purpose, content, and function of the office or business:

• Limited to responses that are incidental to the original work 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 office or business

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

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

Whether reasonable accommodation constitutes an "undue burden" needs to be judged comprehensively and objectively according to the situation, based on the following factors:

• Degree of impact on the office or business
• Degree of feasibility
• Degree of cost and burden
• Scale of the office or business
• Financial and fiscal situation

Appropriate judgments are required in individual cases based on the criteria introduced so far.

Reference: Obligation for Business Operators to Provide "Reasonable Accommodation" to Persons with Disabilities | Government Public Relations Online

2-4. Is Reasonable Accommodation Selfish?

Reasonable accommodation is not something added 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, not selfishness.

To explain more clearly, reasonable accommodation can be seen as measures necessary to stand on the same starting line as others.

Just as wearing glasses is not selfish for those who cannot see without them, efforts and measures to bridge the pre-existing gap are not selfish but reasonable accommodation.

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

As a specific example, if someone requests to be informed in advance about what kind of guidance they will receive because they shrink when pointed out by a superior, that is reasonable accommodation. On the other hand, if someone thinks they should not be pointed out even if they make a mistake because they are not good at being criticized, that is selfishness.

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

Reference:

3. How Will the Mandate of Reasonable Accommodation Affect Private Companies?

With the mandate of reasonable accommodation for private companies starting in 2024, what impact will this have on business operators?

This section explains the background of the mandate of reasonable accommodation and the specific responses required from private companies.

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

3-1. Why is Reasonable Accommodation Mandated for Private Companies?

Until now, the obligation for reasonable accommodation was limited to government agencies like the national and local governments, and for private companies, it was a "duty to endeavor."

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

One of the factors behind the mandate is the 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 the individual's disability or illness."

However, this perspective can be interpreted as viewing the barriers caused by disabilities as personal issues that the person with the disability should solve.

On the other hand, the social model sees the barriers caused by disabilities as "society's issues" and advocates for necessary accommodations and improvements.

Due to the strengthening of this perspective, the recent amendment mandates the range of reasonable accommodation to include private companies.

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

Reference:

3-2. What Responses are Required from 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 for Persons with Disabilities."

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

This means that during the employment period, providing reasonable accommodation in terms of job content and work style according to the degree of disability remains a legal obligation for companies.

The point of the recent amendment is that the obligation to provide reasonable accommodation is not limited to the employment sector but is mandated across all fields for private businesses.

For example, measures such as having store staff retrieve and hand over products displayed at heights unreachable by wheelchair users, or guiding visually impaired customers to the location of products, are required.

In situations where reasonable accommodation is needed, it is necessary to make comprehensive judgments and provide appropriate accommodations according to the individual's situation, environment, and type of disability.

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 example, assuming that a person with a hearing impairment wants to communicate through writing from the start may not be the reasonable accommodation they are seeking.

Flexible responses that respect the intentions of the person with a disability are required.

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 both parties can agree on 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 for Persons with Disabilities," there are no specific penalties for not providing it.

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

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

If such incidents occur and the government requests a report, failing to report or providing a false report may result in a penalty of up to 200,000 yen.

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

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

Accepting what is clearly impossible is not reasonable accommodation.

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

• Consider alternative measures by explaining the situation to the person with a disability
• 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 essential to explore the best solutions through dialogue without imposing excessive burdens on either party.

If you are interested in understanding the perspective on reasonable accommodation at Aeon Cinema Chofu, what kind of response would have been appropriate, and the benefits and points to be careful about 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

Specific examples of reasonable accommodation in the workplace include:

• Adjusting work hours and break times for employees with mental disabilities returning to work
• Providing ramps or considering seating positions 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 impairments through writing, sign language, or communication boards

Reasonable accommodation in the workplace has already been mandated under the "Act on Employment Promotion for Persons with Disabilities," which came into effect in 2016.

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

When a person with a disability expresses the intention to receive 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 "Guidelines for Reasonable Accommodation Casebook" by the Ministry of Health, Labour and Welfare.

Reference: Guidelines for Reasonable Accommodation Casebook [Third Edition] | Ministry of Health, Labour and Welfare

Specific examples of reasonable accommodation in schools include:

• Allowing students with developmental disabilities who are sensitive to sound to use noise-canceling headphones
• Allowing students to leave the classroom during lessons
• Allowing students to take exams in separate rooms
• Flexible curriculum arrangements and consideration of teaching materials
• Ensuring teachers and support staff

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

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

(1) Article 24 "Education" of the Convention on the Rights of Persons with Disabilities recognizes the right of persons with disabilities to education and ensures an inclusive education system based on non-discrimination and equal opportunities. One of the measures to ensure this right is the provision of "reasonable accommodation" tailored to individual needs.

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

4-2. Specific Examples in Restaurants

Specific 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 displays easy to understand and using photos
• Providing verbal explanations or writing characters on the palm (handwritten characters) 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 to hand over
• Conducting payment at the table
• Assisting with filling out documents or operating touch panels after confirming the customer's intentions

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

Reference: Casebook of Providing Reasonable Accommodation | Cabinet Office

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

Did you know that municipalities have systems to subsidize the costs associated with providing reasonable accommodation?

For example, Toride City in Ibaraki Prefecture has a system to subsidize the cost of installing ramps and handrails to eliminate steps, up to a maximum of 100,000 yen, and other subsidies for purchasing items necessary for providing reasonable accommodation.

Reference: Subsidizing Costs for Providing Reasonable Accommodation | Toride City

Let's realize reasonable accommodation that fits the store by effectively utilizing the subsidy systems of municipalities.

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

An essential concept in providing reasonable accommodation is "heart barrier-free." The government defines this concept in the "Universal Design Action Plan 2020," which was approved by the Cabinet in February 2017.

It is about all people with various physical and mental characteristics and ways of thinking deepening mutual understanding through communication and supporting each other.

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

In the society we live in, people with various disabilities experience barriers daily.

For example, stairs designed with the assumption that people can walk are commonplace for non-disabled people but a significant physical barrier for wheelchair users.

In this case, guiding them to a location with an elevator or considering alternative routes to the destination together is reasonable accommodation based on heart barrier-free.

In this way, providing reasonable accommodation requires understanding from various perspectives and considering "what can we do" for others.

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 people with disabilities is society's responsibility.
(2) Ensure not to engage in discrimination (unjust discriminatory treatment and non-provision of reasonable accommodation) against people with disabilities (and their families).
(3) Develop the ability to communicate with diverse others with different conditions from oneself and cultivate the ability to 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 Ministerial 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 people 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 various people different from oneself.

By being aware of these three points, notice barriers in society and take action by reaching 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.

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