Intervention & Accommodation

The Duty to Accommodate

Note: What follows are some of the requirements described by human rights codes. Although there are provincial and federal Human Rights Codes, as well as the Charter of Rights, the obligations are similar. In general:

• Everyone has the right to equal treatment in employment and cannot be discriminated against on the basis of actual or perceived disability.
   
• The definition of employer is very broad: it can include unions, volunteer boards and contractors.
   
• The definition of employment is also broad and can include activities such as hiring and the recruitment process, training, transfers, promotions, employee benefits, pay, discipline and performance evaluation.
   
• The definition of disability is also broad and specifically includes mental illness, mental disorder, and substance abuse, including drug and alcohol dependency.
   
• Discriminatory treatment may include refusing to hire someone because it is assumed, based on stereotypes rather than ability, that they cannot do the job. It can also include prohibiting someone from taking part in projects, promotions, or training opportunities due to an unsubstantiated perception that the disability would not allow him or her to be successful.
   
• Employers have a duty to provide reasonable accommodations for employees with disabilities to allow them to perform the essential duties of the job. The types of accommodation that may be requested may be varied. There are limitations described as "undue hardship" in most human rights codes that set out the extent to which an employer must go in considering accommodations. For more information, review the appropriate legislation in your area. Links to assist you are provided below.
   
• Accommodation might include providing a quiet workspace for a person who is easily distracted, or permitting a person to change his or her break time if he or she is required to eat when taking medication.

Please note: This is provided for the purpose of general information only and is not a substitute for obtaining legal advice.

For more information you can review Legal Framework in Canada.

Resources

The following are links to resources that may be of interest to you. If you click on a link you may be entering a third party website not maintained or controlled in any way by Great-West Life.