India reasonable accommodation requirements

Coverage & definitions

The Rights of Persons with Disabilities Act 2016 applies to all public and private employers in India, regardless of size. Section 2(h) defines “person with disability” to include visual, hearing, locomotor, mental illness and other specified impairments. Section 2(r) defines “reasonable accommodation” as necessary and appropriate modifications and adjustments that do not impose a disproportionate burden. Employers must interpret these terms in line with the statute’s inclusive approach.

Reasonable accommodation duties

Under Section 20(2), employers must provide reasonable accommodation at the workplace to remove barriers for employees with disabilities. Common examples include modified workstations, flexible hours, assistive software, sign-language interpreters and adjusted leave policies. Employers should document every decision and offer accommodations unless doing so would cause significant difficulty or expense.

Interactive process & timelines

When an employee requests reasonable accommodation, they should submit a written notice or email detailing their needs and any supporting medical certificate. While the Act does not prescribe a fixed response period, best practice is to acknowledge requests within seven days and finalize accommodations within 30 days. Employers may request additional information but must keep the dialogue open and record each step in writing.

Enforcement & penalties

Complaints under the Act can be filed with the Chief Commissioner or a State Commissioner for Persons with Disabilities. If mediation fails, cases move to a special disability tribunal. Under Section 92, employers found in violation may face fines starting at INR 50,000, escalating for repeat offenses, and can be ordered to reinstate employees, pay back wages, or cover legal costs.

How Disclo simplifies India reasonable accommodation compliance

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Practical tips for employers

• Start by training managers on identifying accommodation needs early. A swift first response builds trust and prevents escalation.
• Maintain a simple request form that gathers key details, like functional limitations and desired support, without overburdening the employee.
• Set a clear internal timeline—ideally under 30 days—for assessing and implementing adjustments. Consistency reduces confusion.
• Track all communications and decisions in a centralized system. This audit trail protects against disputes and demonstrates good faith.
• Avoid common pitfalls: don’t assume what an employee needs, don’t delay decision-making, and don’t overlook minor adjustments that can have a major impact on performance.