Anpassningsåtgärder i arbetslivet för arbetstagare med funktionsnedsättning - Vad är en skälig anpassningsåtgärd, som arbetsgivaren behöver införa, för arbetstagare med hörselnedsättning respektive en neurologisk funktionsnedsättning?

Sammanfattning

This essay addresses the subjects of reasonable adjustments, related to the workplace, for persons with physical or mental disabilities. The author goes through the established Swedish legal sources to answer two main questions. The first one is what a reasonable adjustment is, that the employers are obliged to adopt, according to the two laws Diskrimineringslagen and Arbetsmiljölagen. What are the differences and what are the similarities between the two laws? The second one is which differences or similarities there are between the employers’ obligation towards deaf employees and employees with neurodevelopmental disorder. Does one employee have more rights to adjustments in his or her working life, than the other? The essay addresses different ways to look at the questions, both international rights but also some information from the EU and UN. The question is complex. The short answer is that the employer can not be expected to pay large sums of money for an adjustment in the work space. The employers have, with their right to lead and disrupt the work, an advantage. What adjustments that can be done are also limited. Although this essay shows that the employers have to look into more than one adjustment for their employees. It needs to be proven that the employer has tried every possible adjustment for the employee, for no risk of breaking the law. In the research the employer needs firstly to look into possible adjustments and then secondly look into the fact if the economical cost for the adjustment is reasonable.