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

In May 2021, 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 legal amendment requiring private companies to comply, many business owners may be wondering how to respond.

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

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 create a society where all citizens, regardless of whether they have disabilities, can live together while respecting each other's dignity and individuality.

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

The official name of the Act 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, which is a notable feature.

Additionally, if 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 on 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 Simply

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 disability, can live equally in society.

For example, a step that poses no problem for an able-bodied person can be a significant barrier for a wheelchair user.

This may lead to situations where they have to give up entering a store.

However, installing a ramp at the store entrance or having people lift the wheelchair over the step are measures taken.

These measures are "reasonable accommodations" to remove social barriers and are essential for people with disabilities to live equally in society.

Reference: For those considering compliance with legal amendments and branding

2-2. Who is Eligible for Reasonable Accommodation?

The following individuals with disabilities are eligible for reasonable accommodation:

• (Severe) Physical Disabilities
• (Severe) Intellectual Disabilities
• Mental Disabilities
• Developmental Disabilities
• Individuals with other physical or mental functional disabilities that significantly restrict or make it extremely difficult to engage in vocational activities over a long period

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, covering individuals who experience long-term restrictions in daily and social life.

In other words, those defined as persons with disabilities under the law (including children under 18 with disabilities) are not limited to those with a disability certificate but include all individuals with physical or mental disabilities who experience social barriers.

No medical certificate is required to prove a disability, but when applying for reasonable accommodation at work, submission of some documentation may be requested.

2-3. Scope of Reasonable Accommodation

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

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

• Limited to responses incidental to the original duties within the necessary 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

It is also a requirement that the burden of providing reasonable accommodation does not become excessive.

For example, if a person with a disability requests assistance with eating at a restaurant, and the restaurant declines 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 "excessive burden" needs to be judged comprehensively and objectively based on the situation, considering factors such as:

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

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

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

2-4. Is Reasonable Accommodation Selfish?

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

It is a measure to bridge the gap created by society or businesses, not an act of selfishness.

To put it more simply, 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, adjustments or measures to bridge existing gaps are not selfish but constitute reasonable accommodation.

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

For example, requesting advance notice of what kind of guidance will be given because being reprimanded by a superior causes anxiety is reasonable accommodation, while asking not to be reprimanded for mistakes because one dislikes being criticized is selfishness.

When seeking reasonable accommodation, it is crucial to carefully distinguish it from selfishness.

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

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

This section explains the background of the mandate and the specific actions required of private companies.

For corporations wanting to check materials: Request Materials on Reasonable Accommodation
For those considering a reasonable accommodation workshop:

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

Until now, the obligation for reasonable accommodation was limited to government agencies, with private companies having a "duty to make efforts."

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 reasons 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 restrictions in daily life as being "due to the individual's disability or illness."

However, this perspective can imply that barriers arising from disabilities are personal issues that the individual with the disability should resolve.

On the other hand, 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 mandate of reasonable accommodation for private companies in the recent amendment.

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

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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 for Persons with Disabilities."

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

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

The recent amendment, however, extends the obligation beyond the employment sector, mandating reasonable accommodation in all areas for private businesses.

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

In situations where reasonable accommodation is necessary, it is important to make comprehensive judgments based on individual circumstances, environments, and types of disabilities, and provide appropriate accommodations.

It is also 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 excessive burden on the business.

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

Flexible responses that respect the wishes of the person with a disability are essential.

Additionally, if providing reasonable accommodation imposes an excessive burden on the business, explaining the situation to the person with a disability and considering alternative measures is effective.

The key to reasonable accommodation is to engage in "dialogue" with both the person with a disability and the business to create mutually agreeable solutions.

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

While 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 of persons with disabilities repeatedly occurs at the same private business, the government can request a report from the business.

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

If such cases occur and the business fails to report or provides false reports despite being requested by the government, there is a possibility of a penalty 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, posted the following on social media, which garnered significant attention.

Accepting what is clearly impossible is not reasonable accommodation.

However, the following responses should be addressed without excessive burden:

• Explain the situation to the person with a disability and consider alternative responses
• Engage in dialogue with both the person with a disability and the business to create mutually agreeable solutions
• Clearly explain the reasons for inability, avoiding reckless explanations

The lesson is that the goal is to seek the best solution 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 appropriate responses would have been, and the benefits and points to be aware of when providing reasonable accommodation, we recommend a free 45-minute consultation.

4. Introducing Clear Examples of Reasonable Accommodation

4-1. Examples in the Workplace and Schools

Examples of reasonable accommodation in the workplace include:

• Adjusting working hours or 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 verbal instructions
• Communicating with hearing-impaired employees 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 required.

When a person with a disability expresses a desire for reasonable accommodation, businesses must engage in dialogue with the person with a disability to provide accommodations that do not impose an excessive burden.

For more detailed examples, please refer to the "Guidelines for Reasonable Accommodation" published by the Ministry of Health, Labour and Welfare.

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

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
• Securing teachers and support staff

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

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 opportunities. It positions "the provision of reasonable accommodation needed by individuals" as one of the measures to ensure this right.

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

4-2. Examples in Restaurants

Examples of reasonable accommodation in stores include:

• Installing ramps or assisting with entry and exit if there are steps at the store entrance
• Making menu or product descriptions easy to understand and using photos
• Providing verbal explanations or writing in the palm of the hand (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 payment at the table
• Confirming the customer's intentions before assisting with document entry or touch panel operations

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

Reference: 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 expenses.

Did you know that some local governments offer subsidies for the costs associated with providing reasonable accommodation?

For example, Toride City in Ibaraki Prefecture offers subsidies of up to 100,000 yen for the installation of ramps or handrails to eliminate steps and provides subsidies for purchasing items necessary for providing reasonable accommodation.

Reference: Subsidies for Costs Related to Providing Reasonable Accommodation | Toride City

Utilize local government subsidy programs effectively to achieve reasonable accommodation tailored to your store.

5. What is the "Heart Barrier-Free" Concept 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," approved by the Cabinet in February 2017.

It is about all people with various physical and mental 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 experience barriers daily.

For example, stairs designed with the assumption that people can walk are commonplace for able-bodied individuals but are significant physical barriers for wheelchair users.

In such cases, guiding them to an elevator or considering alternative routes to their destination while communicating to remove barriers is reasonable accommodation based on the heart barrier-free concept.

In providing reasonable accommodation, it is essential to understand the situation from various perspectives and consider what can be done to help.

To embody heart barrier-free, the following three points are crucial:

(1) Understand the "social model of disability," which views removing social barriers for persons with disabilities as a societal responsibility.
(2) Ensure that discriminatory behavior (unjust discriminatory treatment and failure to provide reasonable accommodation) against persons with disabilities (and their families) is not conducted.
(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 (February 2017 Universal Design 2020 Related Ministerial Meeting Decision)

The first point is to understand and act on the idea that disability is a societal issue, not an individual one, known as the "social model."

The second point is to avoid discriminatory words and actions against persons with disabilities, as prohibited by the "Act on the Elimination of Discrimination against Persons with Disabilities."

The third point is to communicate with various people different from oneself and empathize with their situations.

By being aware of these three points, notice the 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 may be helpful, so please take a look.

Reference:

6. What is "Barrier-Free Partner," a Comprehensive Support for Barrier-Free Measures in Stores and Commercial Facilities?

Reasonable accommodation is based on the premise of social participation by persons with disabilities, and removing social barriers is crucial.

When promoting the provision of reasonable accommodation and barrier-free measures, you may wonder how to proceed.

In such cases, we recommend consulting with the General Incorporated Association Ayumi, which provides comprehensive support for barrier-free measures.

Ayumi's Barrier-Free Partner Service is a service that supports barrier-free measures for stores and facilities by conducting both soft and hard measures and information support with persons with physical disabilities.

The feature of "Barrier-Free Partner" is that it can avoid risks such as reputational damage and lawsuits by investigating from the perspective and experience of persons with disabilities. Additionally, members with perspectives on disabilities and marketing accompany the support.

Reference: Ayumi's Recommended Store and Facility Map | Flat. ~ Barrier-Free Information Site ~

For more information about Ayumi's "Barrier-Free Partner," please refer to the following page.

Reference: Barrier-Free Partner Service

7. Conclusion

This article explained the actions required of businesses and specific examples due to the mandate of reasonable accommodation. "Reasonable accommodation" requires judgment based on individual cases according to the disability.

For businesses and companies, it is important to establish a flexible acceptance system to ensure smooth responses.

Ayumi provides support for barrier-free measures tailored to stores and commercial facilities, so please feel free to contact us.