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General information

What is reasonable accommodation?

Reasonable accommodation is carried out to ensure that persons with disabilities can exercise their fundamental human rights and freedoms on an equal basis with others, and to eliminate discrimination against persons with disabilities by making necessary and feasible adjustments and modifications in each specific case.

Implementation of reasonable accommodation based on an application

Reasonable accommodation is carried out based on applications submitted to enterprises and organizations operating in the territory of the Republic of Azerbaijan (hereinafter referred to as the Organization) by the following persons (entities):

  • a person (persons) with a disability or his/her (their) legal representative;
  • non-governmental organizations of persons with disabilities established in accordance with the Law of the Republic of Azerbaijan “On Non-Governmental Organizations (Public Associations and Funds)”.

Application procedure

An application for reasonable accommodation is submitted by the person through their personal account on the “e-sosial” internet portal of the Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan. The application sent via the “e-sosial” internet portal is placed in the Organization’s personal account, and an SMS notification is sent to the mobile phone of the Organization’s authorized person. The application includes information about the person’s disability and details regarding the required reasonable accommodation.

 

Necessity and feasibility of reasonable accommodation

The necessity and feasibility of the accommodation are assessed by the Organization based on the following criteria:

  • The proportionality of the costs for reasonable accommodation to the financial capacity of the Organization;
  • The imposition of requirements exceeding the existing accommodation measures at the facility.

Regardless of ownership or organizational-legal form, when persons whose disability has been determined due to an occupational accident or occupational disease continue working in enterprises, institutions, or organizations, the employer is not allowed to refuse their request for reasonable accommodation, provided that it meets the above-mentioned conditions.

Meeting on reasonable accommodation

Before the Organization makes a decision on reasonable accommodation regarding the request, a meeting is held with the Person (or Organization) to discuss the reasonable accommodation to be implemented for the purpose of identifying and removing barriers that prevent the person with a disability from exercising or enjoying their rights. During this meeting, the nature of the required accommodation, the resources, and the expected outcomes are examined.

Decision Making

Within 15 (fifteen) working days from the date the request for reasonable accommodation is received, the Organization shall make one of the following decisions and inform the applicant (or Organization) accordingly:

  • A decision to implement the reasonable accommodation;
  • A decision to refuse the implementation of the reasonable accommodation with reasons stated (in this case, the Organization must justify that the requested accommodation is unnecessary or unsubstantiated).

Implementation of Reasonable Accommodation

If a decision to implement the reasonable accommodation is made, the Organization shall ensure the reasonable accommodation within 3 (three) months.

Complaint Procedure

If the decision of the Organization to refuse the implementation of reasonable accommodation is not agreed with, a complaint can be filed administratively and to the court in accordance with the Law of the Republic of Azerbaijan “On Administrative Procedure.”