Reasonable accommodation beyond disability: an inclusive equality approach through the organisation of the enterprise

In this contribution, the Authors aim to examine whether it is possible to envision an extension of the obligation of reasonable accommodation, imposed on private employers, beyond the factor of disability. The analysis, conducted through a vertical comparison of the Italian, Polish, and Turkish legal systems, is carried out by highlighting some measures of “adjustment” that are already recognised to protect workers against two other factors of potential discrimination: religion and family care responsibilities. The conclusion is that, currently, such an obligation does not appear to be conceivable. However, this research provides an opportunity to propose a practical solution to the challenges of balancing the multiple interests involved in the concrete implementation of such forms of “accommodation”. Specifically, the suggested idea is to formalise requests for reasonable accommodation (even beyond disability) by leveraging the experience of organisational models for managing business processes, which have already been tested in other contexts. Parole chiave Discriminazione, Parità di trattamento, Accomodamenti ragionevoli, Religione, Responsabilità familiari, Caregivers Keywords Discrimination, Equality, Reasonable accommodation, Religion, Family responsibilities, Caregivers discrimination other than disability. Scholars’ analyses of the American and Canadian systems are manifold. See, among others: E.BRIBOSIA,J.RINGELHEIM,I.RORIVE, Reasonable, cit., pp. 139-150. 146 The Constitution of the World Health Organization. 147 As expressed in the repeatedly cited Article 6, para. 2, lett. (d) of Directive 89/391/EEC.