If an employee requests a special desk and chair and presents the employer with a disability certificate, the employer is obligated to purchase such equipment.

Under Polish law, the employer is required to make reasonable accommodation for a person with a disability who is in an employment relationship with the employer, if the making of such accommodation does not cause a disproportionate burden for the employer. Necessary reasonable accommodation consists of making changes or adjustments necessary in a particular situation to meet the specific needs of the individual's disability as reported to the employer. 

The legislator did not define what specific amount would constitute a disproportionate burden. This amount must therefore be determined by the employer with respect to the specific situation. As a general rule, the purchase of a desk and chair will not constitute a disproportionate burden for the employer unless the equipment is very expensive, given the employer’s size and financial resources. 

Failure to make necessary reasonable accommodation for an individual with a disability is considered a violation of the principle of equal opportunity in employment.

If the employee has only a medical certificate that special equipment is needed, e.g. because of back problems, the employer is not obliged to buy such equipment. In such a situation, the employer must provide the employee with equipment having the parameters specified in the regulation on occupational safety and health on workstations equipped with display units.

Find more in the PRO HR January 2022.