The Limits of the Reasonable Accommodation Duty under Zambian Law: A Comparative Legal Perspective

This article examines the legal framework governing reasonable accommodation and the defences of undue burden and inherent requirements of a job in Zambian employment law, drawing on comparative jurisprudence from South Africa, the US, Canada, the UK, and CRPD Committee interpretations. It identifies a lack of clear guidance on these concepts in Zambia’s Persons with Disabilities Act 2012 and Employment Code Act 2019, posing challenges for employers and employees and potentially leading to discrimination against persons with disabilities. The article advocates for a more robust and nuanced approach, emphasising the importance of individualised assessments, proactive exploration of accommodations, and recognition of the broader societal benefits of inclusion. By incorporating principles of proportionality, strengthening the duty to accommodate, and rejecting discriminatory stereotypes, Zambia can refine its legal framework to strike a balance between employer needs and the rights of persons with disabilities, ultimately fostering a more equitable and inclusive work environment.