DUTY TO ACCOMMODATE
Duty to Accommodate Definition:
The duty to accommodate in the workplace is the legal requirement for employers to proactively
eliminate employment standards, practices, policies, requirements, procedures or rules that
discriminate against individuals or groups on the basis of a prohibited ground, such as race,
sex, disability, age, and family status.
The Employee’s Duty:
. The employee must make the first move in requesting an accommodation.
. The employee must prove that they have a disability.
. The employee must provide evidence of disability.
. The employee will have to produce medical evidence sufficient to allow the Employer to
search for, consider and implement appropriate accommodation measures.
. The employee has to cooperate in the accommodation process. Human Rights Law clearly
states that employees who are seeking an accommodation must reasonably cooperate with
the employer and the union to search for a suitable accommodation. An employee who
otherwise may have a medically required accommodation can lose his or her claim because
of lack of cooperation.
The Employer’s Duty:
. The employer has an obligation to accommodate up to the point of undo hardship.
. The employer is to maintain confidentiality and limit requests for information to those
reasonably related to the nature of the limitations or restrictions so as to be able to respond
to the accommodation request.
. The employer adopts the most appropriate accommodation… that respects the dignity of the
individual, meets the individual needs, best promotes integration and full participation, and
. The employer cannot turn a blind eye. The employer must accommodate an employee
showing signs of needing accommodation, even if they haven’t asked. An employer should
first approach the employee in a discreet manner to discuss the potential need for