On the 9th of August 2019, the ‘Accessibility Standards For All in a Built Environment Regulations’ has been enacted, supplementing the Equal Opportunities (Persons with Disability) Act. The main objective of this subsidiary legislation is to minimise as much as possible the discrimination caused by lack of accessibility to buildings which could limit a person having any form of disability, from functioning in their everyday life.
Obligations of employers
This law also obliges various stakeholders; including employers and educational institutions to ensure their facilities are accessible to all. Employers have to provide reasonable accommodation according to the specific disability of the employee.
The law states that a ‘reasonable accommodation’ includes making existing facilities accessible and usable by all employees irrespective of their disability. This requirement can only be waivered if the employer can prove that the alterations would put an excessive burden on the trade or business run by such employer. The law provides various criteria when it comes to assess the excessive burden on the employer, as it mentions the nature and cost of the alterations taking into consideration the overall financial resources of the workplace, the number of employees at the workplace requiring alterations and the overall size of the business of the employer.
Obligations of educational institutions
Educational authorities or institutions are also scrutinised in this regard as the law clearly states that a student cannot be rejected because of the denial or limitation of access of any benefit, facility or service provided by such.
Restriction to access the public sector
It is considered to be unlawful if a person restricts the right of another person having a disability, in making use of any property, or of any facilities within any premises, that the public or a sector of the public is entitled to access.
Restriction to access accommodation
No person shall discriminate with another person on the grounds of disability whereby one is denying or limiting such other person access to any benefit associated with accommodation occupied.
Nonetheless, the law provides for an umbrella clause, which renders unlawful all those circumstances in which access is limited or denied to people who have a disability, whereby it is considered to be discrimination. This can occur either through the restriction of access by not making the necessary alterations to such property or facilities or by requiring such other person to leave such property or to cease to use such facilities or to unjustifiably restrict in any way such use.
This shall not be construed to be as advice but shall merely serve as a brief description of the introduction of better measures to ensure accessibility for all. For any legal advice, please do not hesitate to contact us on [email protected].