Accommodation, Reasonable

History

The Latin word accommodatio (fr. accommodare) has been used in many different disciplines. In Christian theology, accommodation is a principle involving the relationship between Holy Scripture and natural science. In the field of communications, it can be found in accommodation theory, according to which speakers who seek approval modify their accent, word-choice, and tone to match that of the interlocutor. In psychology, it is observed in the theory of constructivism, where learners construct knowledge out of their experiences. In philosophy, constructivist notions suggest that knowledge is socially constructed and therefore does not necessarily reflect external reality, but is contingent upon rules, perceptions, and experience.

Although practices aimed at reconciliation have always existed, the issue of cultural diversity was usually resolved in authoritarian ways. In recent decades, however, a new sensitivity to human rights and minorities has developed. Many nations now respect cultural diversity and are adopting peaceful methods of managing coexistence.

In Canada, the term was used in jurisprudence in 1985 by O'Malley v. Simpsons-Sears Ltd. (1965) and the Ontario Human Rights Commission. Employers were obligated to make exceptions to general rules for certain employees, so as not to cause them “undue hardship.” Some earlier examples can be found in the Canadian Bill of Rights (1960) and especially in the Canadian Charter of Rights and Freedoms, (1982). In 2007 a commission was appointed to investigate strategies for dealing with multicultural conflict in Quebec. In the commission's 2008 report, Gérard Bouchard and Charles Taylor consider reasonable accommodation to be the best way for coping with crises, as well as for preventing anxiety and problems of identity in pluralistic societies. They distinguish between the [Page 13]legal route—in which parties seek change through formal codified procedures, and in which there are winners and losers—and a less formal procedure that relies on negotiation and searches for a compromise that will be acceptable to all parties. Bouchard and Taylor argue that the latter is the best framework to handle issues that arise in a pluralistic society such as that of Québec. In the United States, the concept of reasonable accommodation, as defined by the Americans with Disabilities Act (ADA) of 1990, constituted an extension of civil rights to those with disabilities, since it required that society make alterations to the work environment to ensure that equal opportunities were open to people with disabilities. The ADA is divided into five sections, Titles I–V. Title II provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subject to discrimination by any such entity.” In 2006, the concept of reasonable accommodation was adopted by the United Nations in the Convention on the Rights of Persons with Disabilities, which aims to ensure that persons with disabilities enjoy all human rights and fundamental freedoms, through “necessary and appropriate modification and adjustments,” instead of imposing a “disproportionate or undue burden” on individuals with disabilities.

...