Extending Reasonable Adjustments: A Renewed Tool for Creating Inclusive Workplaces?

Abstract

Extending employers’ duties to make reasonable adjustments to all protected grounds could be a transformative tool for advancing substantive equality, challenging workplace norms, and creating positive and proactive approaches to equality. However, despite legislative reform across jurisdictions, it appears unlikely that existing provisions are adequately framed to realise this transformative potential. This article argues that the individualised and reactive framing of duties to make reasonable adjustments will likely mean they fall short of their full transformative potential. As well as extending the duty to all protected grounds, a more proactive approach to the duty is required to meaningfully advance substantive equality