Accommodations
Accommodations
Did you know every employer has the Duty to Accommodate and that failing to accommodate could lead to costly lawsuits and damages under the human rights code?
The Canadian Human Rights Commission defines “Duty to Accommodate” as:
“The legal obligation that employers and service providers have to make changes to either physical spaces or policies to ensure that everyone can be included.”
Employers will encounter situations where they will need to provide accommodation in the hiring process. Examples include, but are not limited to:
- Providing applicants with interview questions ahead of time
- Giving written interview materials indifferent formats, like large print
Workplace examples include, but are not limited to:
- Giving frequent breaks for health reasons
- Modified work schedules
- Clear written instructions for employees with learning disabilities
Accommodation should not be considered solely after the hiring process is complete; rather, it should be addressed during the recruitment and selection stages as well. When posting job opportunities and conducting the pre-selection process, it is essential for employers to inquire whether candidates require any form of accommodation, as this is a legal responsibility.
An employer’s duty to accommodate extends throughout the duration of the employment relationship and concludes only when the employee requiring accommodation leaves the organization. According to the Human Rights Commission, the need for accommodation should not influence hiring decisions unless it relates to a bona fide occupational requirement (BFOR).
BFOR: a job requirement that is essential to do the work safely or properly. If someone can’t meet it, even with accommodation, the employer may be allowed to refuse hiring.
Depending on the nature of the job, employers may request documentation from prospective employees outlining the nature of their disability, including any specific limitations or needs. This information enables the employer to make reasonable efforts to provide accommodation aligned with the requirements of the role.
Remember: failure to provide necessary accommodation—at any point during the hiring process or throughout the individual’s employment—may constitute a violation of human rights legislation and expose the employer to legal consequences.
Accommodations
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