Access to employment is essential to the full participation of persons with disabilities in society. While anti-discrimination legislation has been progressively strengthened at European level, legal equality must be matched by practical accessibility. For many persons with disabilities, especially those with high support needs, employment is only possible if personal assistance is available in the workplace. Although not regulated as a stand-alone right, personal assistance is increasingly recognised as a form of reasonable accommodation, which employers are legally required to provide unless it imposes a disproportionate burden.

Legal Framework: Reasonable Accommodation in EU Law

The right to reasonable accommodation is established in Council Directive 2000/78/EC, which sets out a general framework for equal treatment in employment and occupation. Article 5 states:

«To guarantee compliance with the principle of equal treatment in relation to persons with disabilities, reasonable accommodation shall be provided.»

The concept of reasonable accommodation includes appropriate modifications or adjustments which are necessary in a particular case to enable a person with a disability to have access to, participate in, or advance in employment, or to undergo training. This obligation applies across all stages of employment—from recruitment to dismissal—and is essential to give effect to the right to non-discrimination.

Personal Assistance as a Form of Reasonable Accommodation

Personal assistance may be required when a person with a disability needs direct human support to perform tasks in the workplace, communicate, or move independently. Although not explicitly mentioned in Directive 2000/78/EC, it is recognised in official EU guidance that personal assistance, where needed, falls within the scope of reasonable accommodation.

This interpretation is aligned with the CRPD, ratified by the EU and all its Member States. Article 27 of the CRPD requires States to safeguard and promote the realisation of the right to work, including by ensuring reasonable accommodation in the workplace. While the CRPD does not explicitly use the term «personal assistance» in this context, the provision of support measures—when they are necessary for equal participation—is considered an integral part of that obligation.

Conditions and Limits: The Proportionality Principle

Reasonable accommodation must be provided unless it imposes a disproportionate burden on the employer. Whether a measure is disproportionate depends on:

• The cost of the adjustment;
• The financial and organisational capacity of the employer;
• The availability of public funding or support programmes.

According to EU policy, the cost of personal assistance should not fall entirely on the employer. Many Member States have mechanisms in place to support the provision of such assistance—through dedicated public funding, workplace support services, or subsidies. This helps ensure that financial concerns do not become a barrier to inclusion.

EU Policy Support and Strategic Frameworks

The EU Strategy for the Rights of Persons with Disabilities 2021–2030 and the Disability Employment Package (2022) both emphasise the need to promote inclusive labour markets. These policy documents encourage:

• The development of national systems to support personal assistance in employment;
• The adoption of clear procedures to assess needs and determine appropriate support;
• Public investment to reduce the cost burden on employers and ensure sustainability;
• The integration of personal support services into broader employment inclusion strategies.

Such policies strengthen the link between legal obligations and their operational implementation, aiming to bridge the persistent gap between formal rights and real inclusion.

Principles for Effective Personal Assistance in Employment

For personal assistance to effectively serve as a reasonable accommodation, certain key principles should be followed:

• Individualisation: The assistance must be based on the person’s functional needs, not medical categories.
• Autonomy and control: The user should have the possibility to participate in the selection and management of their assistant.
• Non-substitutive function: Personal assistance should support the person’s capacity, not replace it.
• Funding stability: Support must be reliable, not discretionary or short-term.

The EU’s guide Reasonable Accommodation at Work stresses that reasonable accommodation is not about favours or exceptions, but about enabling equal participation by removing specific barriers.

Conclusion

Personal assistance in the workplace is not a social service—it is a legal and practical instrument of equality. Recognised within the evolving concept of reasonable accommodation, it enables persons with disabilities to access, retain, and advance in employment on an equal basis with others. Its provision is subject to proportionality but not to discretion.

To fully realise this right, the EU and Member States must continue to:
• Promote awareness among employers;
• Ensure the availability of public support;
• Embed personal assistance within legal and policy frameworks for workplace inclusion.

Only by matching legal rights with functional support can the promise of equal access to employment become a lived reality for all persons with disabilities.