What is the duty to accommodate?
The duty to accommodate is enshrined in Canadian laws such as the Canadian Human Rights Act and the Employment Equity Act. It obligates employers to make reasonable adjustments to ensure women, Indigenous people, persons with disabilities, and visible minorities can fully participate in the workplace. This means employers are required to take steps to remove barriers and create an inclusive environment for all employees.
It may be necessary to treat someone differently to prevent or reduce discrimination. For example, requiring all job applicants to pass a written test may be unfair to someone with a visual disability. In these cases, the duty to accommodate may involve making alternative arrangements to ensure that individuals or groups can fully participate.
Related: Maintaining Equal Employment Opportunities (EEO) through HR
Examples of duty to accommodate
- Providing a special screen and software for people with visual impairment
- Allowing an employee to take time off to attend a medical appointment
- Managing an employee’s schedule in a way that balances their work and caregiving obligations
- Making wheelchair access available to people with disabilities
- Accommodating religious observances or practices, such as providing time off for prayer or religious holidays
The specific requirements of the duty to accommodate will vary depending on the individual circumstances.
Related: Guide to Canada Labour Code
Why it’s important to accommodate people
Companies that support individuals who require special accommodations can tap into a wider talent pool and foster a diverse and inclusive workplace. This approach helps break down barriers and enhances employee mental health, retention rates, and overall workplace well-being. Additionally, employers that go beyond the minimum are likely to see increases in productivity and profitability.
Are there exceptions to the duty to accommodate?
It’s important to understand that the duty to accommodate is not limitless. Employers are expected to make reasonable efforts to accommodate employees, but they are not required to do so if it would cause undue hardship. Undue hardship refers to accommodations that would impose significant financial strain or compromise health or safety.
An employer or service provider can invoke undue hardship as a reason for maintaining certain policies or practices, even if these policies may have a negative impact. For example, a small business with limited resources may not be able to afford extensive renovations for accessibility. However, smaller-scale modifications may still be feasible, like installing a ramp or adjusting office layouts. To avoid legal risks, they may be required to provide adequate evidence to support their claims.
Related: Work Wellbeing for Talent Attraction, Productivity & Retention
What are the benefits of the duty to accommodate?
There are several benefits for employers and employees when people protected by the duty to accommodate are included. Below are some examples.
Benefits for employers:
- Enhanced employee morale, motivation, and loyalty stem from a workplace where employees feel valued and supported.
- A positive, diverse and inclusive work environment can lead to increased productivity, creativity, and overall job performance.
- Earning a reputation as an inclusive and accommodating employer can attract top talent, reduce turnover rates, and improve employer branding.
- Employers can mitigate the risk of discrimination and human rights complaints by going beyond the minimum requirements.
- Companies with diverse and inclusive teams also gain a competitive edge, as varied perspectives fuel creativity and innovation, driving growth and success.
Related: 10 Company Policies to Consider for Your Business
Benefits for employees:
- Employees who feel included, valued, and supported are more likely to be satisfied with their jobs.
- A supportive work environment can reduce stress and improve mental and physical health and overall well-being.
- Employees who feel empowered and have opportunities to develop their skills are more likely to advance within the organization.
- Going beyond the duty to accommodate can create a stronger sense of belonging and connection to the workplace.
Related: Equity vs. Equality in the Workplace: Knowing the Difference
Step-by-step guide to fulfilling the duty to accommodate in Canada
Here’s a step-by-step guide to help you navigate this process:
- Recognize the need and initiate the process
- Identify barriers and encourage open communication with employees.
- Consider protected grounds like disability, gender, visible minority, religion, or caregiving obligations.
- Gather relevant information
- Ask the employee to provide information about their specific needs and limitations.
- If appropriate, consult with a healthcare professional to understand the employee’s limitations and potential accommodations.
- Handle sensitive information with discretion and respect the employee’s privacy.
- Assess the accommodation request
- Evaluate the nature of the request and its potential impact on the workplace.
- Explore various accommodation options, such as flexible work arrangements, modified work duties, or workplace modifications.
- Assess the financial and operational implications of each option.
- Develop an accommodation plan
- Collaborate with the employee to develop a plan that addresses their specific needs.
- Clearly outline and document the agreed-upon accommodations, timelines, and responsibilities.
- Communicate the plan with all relevant parties, including supervisors and HR representatives.
- Implement the accommodation
- Make necessary changes and implement the agreed-upon accommodations promptly.
- Train supervisors and coworkers on how to support the employee and follow the accommodation plan.
- Monitor the effectiveness of the accommodation plan with regular reviews to ensure it’s working as intended.
- Monitor employees and review
- Check in regularly and monitor the employee’s progress and well-being.
- Address any issues by proactively addressing any challenges or concerns that may arise.
- Periodically review the accommodation plan to ensure it remains effective and appropriate and helps develop a culture of wellness in the workplace.
Related: How to Become More Diverse and More Inclusive
Accommodating employees is not just a legal obligation—it’s essential for business success. This ongoing process requires employers and employees to be flexible and willing to adapt. Proactively supporting your employees creates an inclusive workplace and builds a culture of collaboration and innovation. This approach attracts top talent and positions your organization as a leader in workplace diversity. Take the first step by reviewing your workplace policies and committing to a more inclusive future.