Hybrid Working Policies, Reasonable Accommodation, and Staff with Disabilities: A Case Study of European Universities

Abstract

The post-pandemic world has seen a large shift to hybrid working, including for staff at European universities. Under the UN Convention on the Rights of Persons with Disabilities, European Union law, and the related non-discrimination law of the EU Member States, employers are obliged to provide reasonable accommodations to staff members with a disability, including allowing them to work on a hybrid basis and providing additional support to facilitate this where this is needed for a disability-related reason. Hybrid working potentially offers a number of advantages for persons with disabilities, including increased flexibility and autonomy, reduced need for commuting, and generally allowing staff to arrange their work around health-related limitations. Universities now usually have policies on hybrid working. This article considers whether and how hybrid working policies at seven European universities address the specific situation of persons with disabilities. It reveals a diversity of approaches, including policies in which staff with disabilities are ‘invisible’ and policies that pay significant attention to ensuring that staff with disabilities are able to benefit from hybrid working and are provided with suitable accommodations. It argues that university hybrid working policies should address the situation of staff with disabilities and make explicit links with the duty to provide reasonable accommodation.