Reasonable Accommodation in Dutch Employment Law

Eva Jongepier - employment lawyer in the Netherlands
April 23rd, 2026

Reasonable Accommodation (Redelijke Aanpassing) in Dutch Employment Law

Dutch law imposes on employers a duty to provide redelijke aanpassingen (reasonable accommodations) for employees with a disability or chronic illness. This obligation derives from two sources: Article 2 of the Wet gelijke behandeling op grond van handicap of chronische ziekte (WGBH/CZ) and, more broadly, from the goed werkgeverschap norm of Article 7:611 of the Dutch Civil Code. The Netherlands is also bound by the UN Convention on the Rights of Persons with Disabilities (UNCRPD/VN-verdrag Handicap), which was ratified in 2016 and reinforces the domestic reasonable accommodation framework.

A redelijke aanpassing is any modification to the workplace, working conditions, or equipment that enables a disabled person to access, participate in, or advance in employment on an equal basis with others. Examples include:

Ergonomic workstation adjustments or assistive technology.
Flexible or reduced working hours to manage fatigue or medical appointments.
Working from home arrangements where the role permits.
Reassignment to a different role or department that is compatible with physical limitations.
Modified communication formats for employees with sensory impairments.

The disproportionate burden exception under Dutch law

An employer is not required to provide a reasonable accommodation that imposes a onevenredige belasting (disproportionate burden). Whether a burden is disproportionate depends on the costs of the accommodation, the employer's financial resources, the availability of public subsidies (such as those provided by the UWV under the Wet banenafspraak), and the benefit to the employee. Courts assess proportionality strictly: small and medium-sized employers may have a valid disproportionate burden defence more readily than large corporations.

Refusal to provide a reasonable accommodation without demonstrating disproportionate burden constitutes unlawful discrimination under the WGBH/CZ. Employees who experience such refusal may file a complaint with the College voor de Rechten van de Mens (Netherlands Institute for Human Rights) or bring a claim in the subdistrict court. For related topics, see discrimination in employment, equal treatment legislation, and reintegration obligations. Consult an employment lawyer in the Netherlands for specific cases.

The WGBH/CZ was enacted in 2003 to implement EU Directive 2000/78/EC and provides that the prohibition of distinction requires those bound by it to make effective adaptations according to the needs of the disabled or chronically ill person, unless this would impose a disproportionate burden on the employer (Article 2 WGBH/CZ). The Act does not define "handicap" or "chronic illness", and CJEU case law under Directive 2000/78/EC provides the primary guidance on the scope of these concepts.

Frequently Asked Questions

Is an employer required to accommodate an employee with a temporary illness?

The WGBH/CZ specifically covers chronic illness and long-term disability. For short-term temporary illness, the accommodation obligation derives more broadly from the Wet verbetering poortwachter and the goed werkgeverschap norm under Article 7:611 of the Dutch Civil Code. In practice, the overlap is significant: many conditions move from temporary to chronic, and Dutch courts expect employers to show flexibility in both scenarios.

Can an employer dismiss an employee because the required accommodation is too expensive?

Not without first exploring all available support. The UWV offers various subsidies and contributions for workplace adjustments, including the mobiliteitsbonus, no-risk polis (which reimburses sick pay costs), and jobcoach funding. Employers must demonstrate that they investigated and could not access these before claiming disproportionate burden. Dismissal without exhausting alternatives risks a finding of unlawful discrimination under the WGBH/CZ.

What is the no-risk polis and how does it support accommodation?

The no-risk polis is a UWV arrangement under which the employer is reimbursed for sick pay costs if an employee covered by the polis falls ill. It applies to various categories of employees with a disability or disadvantaged labour market position. By removing the financial risk of sick leave, it significantly reduces the disproportionate burden defence and makes it harder for employers to argue they cannot afford to accommodate the employee.

Does the reasonable accommodation obligation apply to job applicants as well as existing employees?

Yes. The WGBH/CZ applies throughout the employment relationship, from recruitment to termination. Employers must provide reasonable accommodation to disabled job applicants - for example, by holding interviews in accessible premises or adjusting selection tests - and may not screen out applicants on the basis of disability. Discriminatory job advertisements or application processes are also prohibited.