Accommodation: Overview, definition, and example
What is accommodation?
Accommodation, in a legal or contractual context, refers to an adjustment, modification, or exception made by one party to assist another in fulfilling their obligations or rights under an agreement. Accommodations are commonly used in employment law, disability rights, and commercial contracts to ensure fairness and compliance with legal requirements.
For example, in an employment setting, an employer may provide reasonable accommodations to an employee with a disability by modifying work schedules or providing assistive technology to enable them to perform their job duties.
Why is accommodation important?
Accommodation is important because it ensures fair treatment, compliance with legal obligations, and flexibility in contractual relationships. It is particularly relevant in areas such as disability law, lease agreements, and financial arrangements, where modifications may be necessary to allow a party to participate fully in an agreement.
For businesses, including an accommodation clause in contracts helps prevent discrimination, manage risk, and define the scope of modifications that may be required. This provision is often found in employment agreements, lease contracts, and financial arrangements to provide guidance on when and how accommodations will be granted.
Understanding accommodation through an example
A company hires an employee who has a mobility impairment. The employer provides a standing desk and modifies the workspace layout to ensure accessibility. This reasonable accommodation complies with the Americans with Disabilities Act (ADA) and allows the employee to perform their job effectively.
In another case, a commercial landlord agrees to accommodate a tenant’s request to install an accessibility ramp for customers with disabilities. The lease agreement includes an accommodation clause outlining the responsibilities of both parties in implementing modifications.
Example of an accommodation clause
Here’s how an accommodation clause might appear in a contract:
“The Employer agrees to provide reasonable accommodations to Employees in accordance with applicable laws, including but not limited to modifications to work schedules, equipment, or workplace accessibility. Requests for accommodation shall be evaluated on a case-by-case basis, subject to operational feasibility and legal requirements.”
Conclusion
Accommodation clauses ensure that parties in a contract can request and receive necessary modifications to comply with legal requirements, promote fairness, and facilitate business operations. These provisions are particularly valuable in employment, real estate, and financial agreements, where flexibility may be required to meet the needs of all parties. Including a well-drafted accommodation clause in contracts helps define expectations and ensures compliance with relevant laws and policies.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.