CRPD/C/GC/8 is by a set of stairs, candidates who use wheelchairs are put in an unequal position because they are unable to enter the building.14 Implied in the prohibition of indirect discrimination is an ongoing obligation to ensure accessibility through universal design in all situations. 19. Denial of reasonable accommodation occurs when necessary and appropriate individualized modifications, adjustments and support (that do not impose a disproportionate or undue burden) are not implemented. Reasonable accommodation means those modifications, adjustments and support that are needed to ensure the equal enjoyment or exercise of a human right or fundamental freedom.15 For example, a public sector employee with a vision impairment who is not provided with the appropriate equipment to perform allocated tasks, such as a computer programme that magnifies text on a computer screen, has been denied reasonable accommodation. Other examples of reasonable accommodation include making information accessible to the individual with disabilities, modifying equipment, enabling work from home, ensuring that an interpreter is provided in meetings, reorganizing activities, rescheduling work or providing support personnel.16 To fall within the concept of reasonable accommodation, the changes need to be negotiated with the individual. The duty to provide reasonable accommodation is applicable from the moment that a request for such accommodation is received or the need becomes apparent. 17 The Committee emphasizes that the duty to provide reasonable accommodation is different from the duty to ensure accessibility, which flows from the prohibition of indirect discrimination and is set out in articles 4 and 9 of the Convention. While both duties are aimed at guaranteeing accessibility, the duty to ensure accessibility through universal design or assistive technologies involves building accessibility into systems and processes without regard to the needs of a particular person with disabilities, for example, to have access to a building on an equal basis with others.18 The duty to provide reasonable accommodation, on the other hand, applies from the moment that a person with disabilities seeks to exercise their rights or requires access in non-accessible situations or environments.19 20. Harassment is a form of discrimination when unwanted conduct related to disability or other prohibited grounds takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.20 Under the ILO Violence and Harassment Convention, 2019 (No. 190), the term “violence and harassment” in the world of work refers to a range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment. 21. Discrimination by association may occur when family members or a person otherwise associated with a person with disabilities is subjected to discrimination at work because of that relationship, which has a direct or indirect impact on the life of the person with disabilities.21 22. Persons with disabilities are often disproportionately affected by multiple and intersectional discrimination. The diversity of persons with disabilities means that they face diverse barriers to realizing the right to work and follow different pathways into employment throughout their working lives. Multiple discrimination occurs when a person experiences discrimination on two or more grounds, leading to discrimination that is compounded or aggravated, and intersectional discrimination occurs when several grounds interact with each other at the same time in such a way as to be inseparable. 22 The concepts of multiple and intersectional discrimination reflect the fact that individuals do not experience discrimination as members of a homogeneous group but, rather, as individuals with multidimensional layers 14 15 16 17 18 19 20 21 22 Ibid., para. 18 (b). Ibid., para. 18 (c). Ibid., para. 23. Ibid., para. 24 (b). Ibid., para. 24 (a). Ibid., para. 24 (b). Ibid., para. 18 (d). See, for example, Bellini et al. v. Italy (CRPD/C/27/D/51/2018). Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016), para. 4 (c). 5