The duty to accommodate is a fundamental legal obligation to make every reasonable effort, short of undue hardship, to remove barriers and help employees remain productive at work.
Canadian law prohibits discrimination based on any of the eleven grounds identified in section 2 of the Canadian Human Rights Act (CHRA).
This includes disability which is defined as a physical or mental condition that is permanent, ongoing, episodic, or of some persistence, and is a substantial or significant limit on an individual’s ability to carry out some of life’s important functions or activities, such as employment, and employers have a duty to accommodate employees to avoid such discrimination.
To demonstrate that the duty to accommodate has been fulfilled the employer must be able to document the process that was observed in considering and acting on the employee’s request for accommodation.
When partnered with Windley Ely, you are able to leverage the expertise of our team in order to review the request for accommodation and implement effective and appropriate accommodations based on the employee’s unique situation.
The duty to accommodate is not about employee preferences and it is not a means of eliminating a certain task, but rather it is about eliminating barriers, and aims to enable employees to achieve and maintain employment and performance standards.