Requests for Workplace Accommodation can be confusing and challenging for Managers
Requests for workplace accommodation are becoming more commonplace. Not sure whether you must accommodate a specific employee request? Find out more about accommodation and your duty as an employer under the Human Rights Code.
Human Rights Code
The Human Rights Code (HRC) provides for equal treatment in employment and protection against discrimination and harassment. The following are protected grounds under the HRC: age, ancestry, colour, race, citizenship, ethnic origin, place of origin, creed, disability, family status, martial status, gender identity/expression, record of offenses, sex, and sexual orientation.
Accommodation
What is workplace accommodation? Sometimes people need individual arrangements so they can do their job equally – this is called accommodation under Human Rights Code. A request for accommodation may be for a short period of time or it may be required on an on-going basis.
Workplace Accommodation may include:
- modifying duties, standards or rules
- changes to facilities or workstations
- use of assistive devices
- alternate work arrangements or time off work
Workplace Accommodation is not:
- creating a new job
- assigning non-productive work
Most employee requests for accommodation under the Human Rights Code will be based on disability, family status or creed grounds. For example:
Person with a Disability: Employee who is returning to work after an illness requests a chair at the service counter so they can sit down for part of the day.
Family Status: Employee requests change in hours of work (start and end day ½ hour earlier) in order to pick up children from daycare.
Creed: Employee requests a day off work to celebrate a religious holiday.
Responding to a Request for Workplace Accommodation
Not all employee requests will be covered by the Ontario Human Rights Code.
Consider the Request
Each request should be carefully considered based on your employee’s individual circumstances. Often you can make simple changes in the workplace that will satisfy your employee’s needs. The changes may result in improved productivity and employee dedication. Treat your employee fairly and respectfully at all times.
Is the request covered by the Ontario Human Rights Code?
Carefully review your employee’s request for workplace accommodation to determine if it is covered by the Ontario Human Rights Code.
Solutions
There are often multiple solutions that will meet the accommodation needs of your employee. You do not have to immediately accept the solution proposed by your employee. Meet with your employee and ask questions. Consult with medical or other professionals if needed. Explore a variety of options before making a final decision.
Decision
Before making a final decision ensure that you:
- understand the law – Ontario Human Rights Code,
- treat each request in good faith,
- consider your employee’s individual circumstances,
- work with your employee to collect information,
- explore a variety of solutions,
- consider Health and Safety requirements,
- choose a solution that best meets your operational needs and meets your employee’s need for accommodation.
The information provided is an overview. Your situation is unique. Refer to the Human Rights Code or contact Fusion Career Services for advice.
