In the employment context, the duty to accommodate refers to the obligation of an employer to take steps to remove barriers that disadvantage employees.
These barriers may result from workplace rules, policies, practices, or physical conditions that adversely affect individuals or groups protected by law.
The duty to accommodate arises under both the Canadian Human Rights Act (CHRA) and Article 36 of the LP Collective Agreement.
To trigger the duty to accommodate, the need for accommodation must be connected to at least one of the prohibited grounds of discrimination under the CHRA or the Collective Agreement.
Under the CHRA, the prohibited grounds of discrimination are:
- race
- national or ethnic origin
- colour
- religion
- age
- sex
- sexual orientation
- gender identity or expression
- marital status
- family status
- genetic characteristics
- disability
- a conviction for which a pardon has been granted or a record suspended
The LP Collective Agreement protects substantially the same characteristics, although some are described using different terminology. The prohibited grounds under the Collective Agreement are:
- age
- race
- creed
- colour
- national or ethnic origin
- religious affiliation
- sex
sexual orientation
gender identity and gender expression
family status, mental or physical disability
membership or activity in the Association
marital status
a conviction for which a pardon has been granted