A part-time teacher recently diagnosed with ADHD wanted paid leave to attend an ADHD course once a week for nine weeks. The purpose of the course was to help him understand how ADHD affected him and provide him with tools to manage the new diagnosis.
His request was denied. Instead, he was offered unpaid leave or the possibility of moving his working hours around so that he could attend the course, seeing that he was working part-time.
The Norwegian Equality and Anti-Discrimination Tribunal found that access to participate in the course was part of the duty to accommodate the employee’s disability. However, it was not discrimination to deny paid leave.
As part of the assessment, the Tribunal did not consider the underlying leave policy. Instead, it emphasised that the employee had been offered suitable and reasonable alternatives so that he could participate in the course. That was enough for the Tribunal to conclude that the company had fulfilled its duty to accommodate him.
iuno’s opinion
ADHD may be a disability that requires reasonable accommodations. However, the duty to accommodate is not unlimited and needs to be assessed on a case-by-case basis. Examples of accommodations can include reduced working hours, functional assistants, or access to an interpreter; however, this case also shows that companies can suggest alternative arrangements.
IUNO recommends that companies handle requests for accommodation through open dialogue and in cooperation with the employee. The aim is to ensure that the employee can function well at work. If necessary, external parties such as NAV may be involved. Failure to comply with the duty to accommodate can be expensive, as it can quickly trigger discrimination claims. Consequently, it is a good idea to handle any requests thoroughly from the beginning.
[The Norwegian Anti-Discrimination Tribunal’s decision of 16 January 2024 in case 2022/1252]