Duty to Accomodate
EMPOWWORD INC can help you with your accommodation needs.
What is the duty to accommodate?
Employers and service providers have an obligation to take measures to eliminate disadvantages to employees, prospective employees or clients that result from a rule, practice or physical barrier that has or may have an adverse impact on individuals or groups protected under the Ontario Human Rights Code and the Canadian Human Rights Act. At the federal level, this also applies to persons identified as a designated group under the Employment Equity Act. In employment, the duty to accommodate means the employer must implement whatever measures necessary to allow its employees to work to the best of their ability. In the provision of services, the provider must implement whatever measures necessary to allow clients to access its services.
- An office or building which is not wheelchair accessible has potentially not met its duty to accommodate the needs of clients who have disabilities
- An employer that does not allow flexibility in work schedules for employees who are a single parent with childcare responsibilities or a family with Eldercare responsibilities may not have met its duty to accommodate the family related needs of its employee.
- An employer that does not allow its employees to wear certain clothing items required by their religion, or to be able to pray at particular times, or attend religious services on particular days, may not have met its duty to accommodate the religious needs of its employees.
- An employer that does not assign an employee with disability or medical condition work that is consistent with their disability or medical restrictions may not have met its duty to accommodate the needs of its employees who have disabilities.
- A union that refuses to allow a reorganization of work duties amongst employees as a way of accommodating the needs of employees who have disabilities may be held liable for the failure to accommodate the employee.
Did You Know?
Accommodation may be required based on one’s Religion or Family Situation. An employer or service provider may be required to accommodate certain dress codes, the need for flexible breaks as well as flexible working hours.
EMPOWWORD INC helps public and private organizations to comply with Accommodation legislation and other human rights related compliance:
- Develop policies & procedures
- Monitor their effectiveness
- Conduct Systems Reviews
- Provide training to Upper Management
- Provide training to all Staff
For additional information on the duty to accommodate, please consult the Canadian Human Rights Commission’s A Place for All – A Guide to Creating an Inclusive Workplace