For more information:
- Canadian Human Rights Commission: https://www.ccdp-chrc.gc.ca/
- Workplace accommodation - A guide for federally regulated employers: https://www.chrc-ccdp.gc.ca/resources/publications/workplace-accommodation-guide
- Duty to accommodate: https://www.chrc-ccdp.gc.ca/individuals/human-rights/duty-accommodate
Additional resources:
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
To request an accommodation, first identify the basis for your request and confirm that it relates to one of the protected grounds under the CHRA or the Collective Agreement. If you are unsure, you can contact your union for guidance.
In the context of a disability-related accommodation, you should also understand your functional limitations and the type of accommodation you may require. This often involves obtaining input from a health care provider. Discuss your workplace needs and functional limitations with your health care provider so they can provide the appropriate medical information.
Once you have this information, begin a dialogue with your manager. Clearly explain your needs and the reasons for the accommodation request.
An employee requesting accommodation should:
- identify and communicate the need for accommodation to their manager
- provide the necessary information and supporting documentation
- maintain open communication with the employer and, where applicable, the union, and report any changes in their circumstances
- cooperate with the employer and the union to identify and implement appropriate accommodations
No. An employer is not entitled to your diagnosis. However, it is entitled to enough information to assess your request and identify a reasonable accommodation.
You only need to provide information about your functional limitations and restrictions, and how your condition affects your ability to perform your job. It is your responsibility to ensure your employer receives this information from your health care provider in a form that is relevant to your job requirements.
It is helpful to share your job description with your health care provider so they understand the nature of your work and can clearly identify your limitations. Your health care provider should also indicate how long those limitations are expected to last. This information helps the employer determine the appropriate accommodation and its expected duration.
"Accommodation" refers to the measures required to prevent discrimination based on one or more of the protected grounds under the CHRA or the Collective Agreement.
The employer has a duty to provide a reasonable accommodation. However, employees are not entitled to their preferred accommodation. They are entitled to a reasonable accommodation that meets their identified needs.
For example, in the context of an accommodation for a disability, A health care provider may recommend the type of accommodation an employee requires. However, it is not the health care provider’s role to determine whether an employee can be accommodated or to direct that they be accommodated in a particular manner. A health care provider’s role is to provide a professional opinion regarding the employee's medical needs and functional limitations. It is the employer's responsibility to determine how those needs can be reasonably accommodated in the workplace. The type of accommodation required will depend on the employee's individual circumstances. Examples may include:
- modifications to the physical workspace
- temporary redistribution of non-essential duties
- reduced work schedules
- mentorship
- permission to telework
- a gradual return-to-work plan
- bundling of duties
The duty to accommodate is met when the employer has accommodated the employee up to the point of “undue hardship”. The employer bears the burden of demonstrating that it has fulfilled this obligation.
The duty to accommodate has both procedural and substantive components.
The procedural component requires the employer to gather all relevant information about the employee’s needs, where that information is reasonably available. This may include details about the employee’s medical condition, prognosis, ability to perform job duties, and capacity for alternative work.
When assessing whether the employer has met this obligation, the analysis is based on the information available at the time of the alleged discrimination. An employer cannot rely on information obtained after the fact to justify a failure to accommodate.
The substantive component concerns whether the accommodation provided was reasonable, or whether the employer was justified in not providing accommodation.
Undue hardship exists where accommodating the needs of an individual or group protected under the law would impose unreasonable costs or create significant health or safety risks for an employer, service provider, or property owner.
To meet this legal threshold, the hardship must be “serious.” The term “undue” recognizes that some hardship is acceptable. Only hardship that goes beyond what is reasonable will meet the test. Whether undue hardship exists depends on the specific facts and circumstances of each case.
An employer cannot establish undue hardship based on impressionistic or anecdotal evidence, or on after-the-fact justifications. Similarly, concerns about potential hardship must rest on concrete evidence. Speculative or unsubstantiated claims about possible adverse consequences are not enough.
In limited and highly fact-specific circumstances, however, an employer may be able to establish undue hardship. For example, an employer is generally not required to:
- create an unnecessary position
- remove a duty that is essential to the role (i.e., a bona fide occupational requirement)
- retain an employee who cannot meet core job responsibilities with reasonable accommodation
The law recognizes that, in certain circumstances, limits on individual rights may be reasonable and justified. An employer may defend a discriminatory standard by demonstrating that it is a bona fide occupational requirement (BFOR), meaning a requirement that is essential to performing the job.
Accommodation requests must be assessed on a case-by-case basis.
If your employer refuses your request after you have submitted a written request to your immediate supervisor, we encourage you to contact the AJC by completing an intake form. A Labour Relations Officer will review your request and contact you as soon as possible to discuss your situation and help identify possible solutions.
Although the duty to accommodate rests primarily with the employer, employees also have responsibilities throughout the accommodation process.
An employee is not entitled to their preferred or ideal accommodation. If the employer offers a reasonable accommodation that meets the employee's needs, it has fulfilled its obligation. If an employee refuses a reasonable accommodation, the employer may be relieved of its duty to accommodate and is not required to consider additional options.