Employers across the country have a legal obligation to protect employees from discrimination based on prohibited grounds, such as but not limited to disability, family status, race, religion, age, sex, and sexual orientation. Provincial Acts such as the Ontario Human Rights Code, Alberta Human Rights Act, or the British Columbia Human Rights Code and comparable Acts in other provinces all include similar core protections.
An employer’s duty to accommodate formulates a part of this legal obligation and requires employers both procedurally and substantively to respond to an employee’s request for accommodation on the basis of these protected grounds.
How do Employers need to respond?
Employers often struggle understanding the extent of the need to accommodate. Undue hardship is the legal standard that defines how far an employer must go to accommodate an employee under the Human Rights protections. It is important for employers to recognize that undue hardship is a very high threshold to meet. Employers should never ignore requests for accommodation and must always explore the process at the very least.
While employers do not have to create ideal accommodation arrangements, they must make meaningful efforts to support employees. Accommodation is also a shared responsibility, involving cooperation between the employee, employer, and sometimes medical or other professionals. To meet legal obligations, both the process of accommodation and the actual outcome must be handled appropriately.
Although accommodation can be flexible, employees are still expected to meet the essential duties of their job. If a task is considered a core part of the role, the employee must be able to perform it, either on their own or with reasonable accommodation. In some situations, an employer may also need to balance their legal duty to maintain a healthy and safe work environment against their legal duty to accommodate the needs of an individual employee (for example, if the accommodation is in conflict with a safety-sensitive role)
Employers should also be mindful of the “duty to inquire.” If there are signs that an employee’s performance may be affected by a disability, employers are expected to take reasonable steps to check in on the employee and determine whether accommodation may be needed
The duty to accommodate is not unlimited. Employers may decline accommodation where it would result in “undue hardship,” a high legal threshold as noted above. In assessing undue hardship, key factors include the employee’s ability to perform essential duties, the financial cost of the accommodation, the size and resources of the organization, and the impact on operations and other employees. Considerations such as workforce flexibility, facility limitations, and workplace safety are also critical in determining whether an accommodation is feasible. Employers are expected to respond to an employee’s accommodation needs in a way that is ‘reasonable’ and not necessarily ‘perfect’.
Key Takeaways for Employers and Employees:
- Accommodation has limits, but must be taken seriously
Employers are required to accommodate needs up to the point of “undue hardship,” which is a high threshold. Employees should understand they are entitled to reasonable accommodation, but not every request will be feasible. - Collaboration and communication are essential
Successful accommodation depends on open dialogue. Employees should communicate their needs clearly and provide relevant information, while employers should engage in a good-faith, flexible processes to explore reasonable solutions. - Mental health is a key part of modern workplace accommodation
Both employers and employees should recognize that mental health concerns are valid and increasingly common. Employers should foster supportive environments, and employees should feel encouraged to seek help without fear of stigma. - Accommodation is a two-way street
Both employers and employees need to engage in the accommodation process. While employers have a legal obligation to provide reasonable accommodation, employees also have a legal obligation to actively participate in that accommodation process.
If you are navigating any of the issues outlined above or have any employment law concerns, please feel free to contact Rodney Employment Law at info@rodneyemploymentlaw.com or by completing our contact form here.
