As workplaces evolve and labour laws strengthen globally, the principle of reasonable accommodation has become a cornerstone of modern employment practices. It reflects an employer’s duty to ensure that employees with disabilities, medical conditions, or special needs are not unfairly disadvantaged at work. More importantly, it recognises that diversity in abilities is not a barrier to productivity, but an opportunity for organisations to create inclusive, supportive, and legally compliant environments. It is worth noting that the Employment Act had no mention of this, but this could be found on the Code of Good Practice, Model Procedures and Agreements, under reasonable accommodation for people with disabilities, and now the Bill has brought it forth.
The Bill
Under Section 2 of the Bill, reasonable accommodation has been explained as” any positive action, modification or adjustment to a job or to the work environment that will enable any person who requires special protection or assistance to have access to, or participate or advance in, employment. This duty is not merely a good-faith gesture but rather a legal requirement that employers cannot ignore. This remains a well-needed and long-overdue addition to the family, more so in Botswana’s emerging as well as changing employment and labour relations framework.
One of the most common misconceptions is that reasonable accommodation is expensive or disruptive. In reality, many accommodations are simple, affordable, and operationally beneficial. For example, adjusting working hours for an employee attending medical treatment, providing ergonomic equipment, reassigning non-essential tasks, modifying workstations, or allowing remote work in certain circumstances often makes a significant difference in enabling an employee to work safely and comfortably, thus improving their productivity.
At its core, reasonable accommodation is rooted in fairness and non-discrimination. Employers are prohibited from treating employees unfavourably because of disability or health conditions if adjustments could have allowed them to work effectively. A back problem should not cost someone their job when a suitable chair could resolve the issue; similarly, a worker with partial hearing loss should not be dismissed if simple communication adjustments can be made. Reasonable accommodation ensures that employment decisions are not based on a person’s limitations, but on their potential.
Furthermore, the principle recognises that disability is not always visible and does not always mean permanent incapacity. Conditions such as depression, diabetes, dyslexia, or temporary injuries may require adjustments, but do not prevent an individual from contributing meaningfully to the workplace. A progressive employer understands that accommodation is an investment in employee well-being, loyalty, and long-term productivity.
The Employer
Reasonable accommodation does not require employers to bear excessive hardship. The law often emphasises that accommodation must be feasible, practical, and not impose an unjustifiable financial or operational burden. This balance ensures that while employees are supported, employers are not forced into unsustainable commitments. What matters is that the employer genuinely explores alternatives, consults the affected employee, and documents the process.
An important part of reasonable accommodation is interactive engagement, a discussion between the employer and employee on what adjustments are needed and what is reasonably possible. This collaborative approach builds trust and ensures that solutions are tailored to the employee’s actual limitations and job requirements. In many cases, employees themselves can propose practical, cost-effective solutions, reducing guesswork and unnecessary expense. In the same breath, it is worth noting that undergoing such may take time, which would in turn delay production, and some accommodations may be costly to implement, in comparison to other alternatives.
Conclusion
In conclusion, reasonable accommodation is not only a legal obligation but a reflection of organisational maturity and ethical leadership. As labour laws continue to evolve, particularly under the New Bill, employers must prioritise inclusive practices that uphold dignity, fairness, and equal opportunity. By embracing reasonable accommodation, workplaces move closer to a future where every capable individual can contribute meaningfully regardless of physical or health limitations.
Contacts
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