Workplace accommodations
We all want employees to do their best work. Everyone should be able to fully participate and engage in the workplace. But when someone has a protected characteristic (such as disability, race, or religion, among others) that results in a barrier to their full participation, it’s necessary to reduce or eliminate challenges by adjusting standards and rules. This is called the duty to accommodate, and this blog will explore ways to debunk common myths surrounding workplace accommodations.
The principles behind the duty to accommodate aim for dignity, individualization, integration, and full participation for those with a physical or mental disability or other protected characteristics, such as gender identity and expression, colour, family status, age, sexual orientation, and religion.
Workplace accommodation: What does it mean?
Workplace accommodation refers to any adjustments made to the work environment, specific tasks, or workplace procedures to enable an employee with specific needs to perform their job effectively. The goal is to remove or reduce barriers that might prevent an employee from fully participating in the workplace due to disability, religious beliefs, or other protected characteristics.
You could think of it as levelling the playing field by making changes so everyone has a fair opportunity to contribute their skills and talents. These changes might include things such as:
- Changes to the physical workspace: Like providing ergonomic equipment or ensuring accessibility.
- Changes to specific tasks: Such as reassigning non-essential tasks or adjusting work schedules.
- Using technology to assist: Like screen readers or specialized software.
- Adjustments to policies and procedures: This could include allowing flexible break times for prayer.
- Using alternative communication methods: such as providing information in Braille or audio format.
Workplace accommodation is about being flexible and finding solutions that allow employees with diverse needs to succeed in their roles. It’s a key part of creating an inclusive workplace where everyone feels valued and can contribute their best.
What are the legal rules for workplace accommodations?
In Canada, there are laws that say everyone should be given a fair chance at work. These laws mean employers have a responsibility to make changes for employees who need them because of things like:
- Disabilities: Physical or mental health conditions.
- Religion: Religious practices or beliefs.
- Other important reasons: Like family needs or being pregnant.
This responsibility is called the “duty to accommodate”. It means employers have to try their best to make things work for these employees, as long as it doesn’t cause the company too much trouble, which is called “undue hardship”. For something to be considered “undue hardship,” it means that the changes would have to be very difficult or costly for the employer to implement.
Here are a few more considerations to keep in mind about these legal rules:
- Employers need to work with employees: They should talk to the employee to figure out what changes are needed.
- The changes need to be reasonable: They should help the employee do their job without causing major problems for the company.
- Some job tasks are essential: If an employee can’t do a core part of the job, even with changes, the employer might not have to accommodate. This is often referred to as bona fide occupational requirements.
- Privacy matters: Employers need to keep an employee’s personal information private.
Basically, the law in Canada says employers need to be flexible and make fair adjustments so that more people can work and do their best. The goal is to create more workplaces where everyone has an equal opportunity.
Busting some myths about workplace accommodation
Workplace accommodations ensure that you meet the needs of your employees. There are, however, some common misconceptions around accommodations. Here are three myths and the facts behind them.
The myth: All employees should be treated the same.
The facts: Every Canadian has the right to fair treatment, equal access to goods and services, and equal opportunity for employment without discrimination. To achieve equal opportunity, sometimes it’s necessary to treat someone differently to prevent or reduce discrimination.
For example, say you include a written assignment in the hiring process. Candidates with visual impairments may need the assignment to be in an accessible format, such as braille or audio files.
The duty to accommodate ensures everyone can participate and no one is unfairly excluded. Keep in mind this applies throughout the employment process, from when a candidate applies for a position until the end of employment.
The myth: Accommodations will seem like favouritism and affect workplace culture.
The facts: Accommodations give every employee an equal chance to excel at work. Some employees may think that provided accommodation is simply favouritism, particularly when the accommodation is for an employee with an invisible disability. You should not disclose personal information about any employee. However, there are ways to combat perceptions of favouritism.
It begins by having important discussions about inclusion in the workplace. Consider creating and implementing diversity, equity, and inclusion initiatives. By encouraging dialogue and providing training on accessibility, you can reduce misunderstandings about accommodations. At the end of the day, accessibility helps everyone and benefits your workplace.
The myth: Accommodations are extremely costly.
The facts: When some employers think of accommodations, they picture expensive equipment or major structural renovations. In most cases, accommodations are quite inexpensive. According to the Accessibility for Ontarians with Disabilities Act, more than half of the accommodations cost less than $500.
Many accommodations are likely things you have already considered for all employees. This includes flexible work schedules, remote work arrangements, and minor modifications to workstations. If more expensive equipment or modifications are required, you can look into federal, provincial, or local funding to help offset the costs.
Duties of the Employer in Workplace Accommodation
As mentioned, employers in Canada have a legal duty to accommodate the needs of employees based on protected grounds, up to the point of undue hardship. This involves several key responsibilities:
- Establishing a fair process: Employers should have a clear and accessible process for employees to request accommodations. Employees should also be shown how to use this process for requests.
- Actively engaging in the process: When they get an accommodation request, employers must take it seriously and speak with the employee to understand their needs.
- Gather more information: Employers may need to gather information about the employee’s limitations and potential accommodation needs, but this must be done respectfully, keeping the employee’s privacy in mind.
- Exploring accommodation options: Employers have a duty to look at various accommodation options that would allow the employee to perform the essential duties of their job..
- Implementing accommodations: Once a reasonable accommodation is identified, the employer must implement it in a timely manner.
- Bearing the costs of accommodation: Employers are generally responsible for the costs associated with implementing accommodations, unless these costs would create undue hardship. There would have to be enough evidence to support this, though.
- Keep confidentiality in mind: Employers must protect the privacy of employees’ personal information related to their accommodation needs.
- Regular review and adjustment: Employers should review the effectiveness of implemented accommodations and make necessary adjustments if the employee’s needs change or the accommodation is no longer suitable.
Duties of the employee in workplace accommodation
While the primary legal obligation to accommodate is for the employer to consider, employees also have important responsibilities in the accommodation process. These include:
- Making a request: It is the employee’s responsibility to let their employer know of their need for accommodation. While they don’t necessarily need to give details on their specific diagnosis, they should give enough information about their needs and what is limiting them. This will allow the employer to get a better understanding of the situation and think about potential solutions.
- Helping out in the accommodation process: Employees have a duty to work with the employer to identify and explore accommodation options. This includes attending meetings, providing feedback on potential accommodations, and considering reasonable alternatives.
- Being open and honest: Employees should communicate openly and honestly about their needs and any challenges they are facing with the implemented accommodations.
- Considering reasonable offers: Employees should consider any reasonable accommodation options offered by the employer, even if they are not their preferred solution. The law doesn’t guarantee the “perfect” accommodation, but one that allows the employee to perform the essential duties of their job.
- Maintaining performance standards: Even with accommodations in place, employees are still expected to meet legitimate performance standards for their role, to the best of their ability.
Some final thoughts on workplace accommodations
Creating an inclusive workplace is more than just something you should do for legal purposes. Embracing workplace accommodation is about recognizing the diverse needs of your team and removing barriers that might be impacting their ability to do their daily tasks effectively.
Remember that accommodation isn’t a one-size-fits-all solution. It requires open communication, flexibility and a commitment to finding solutions that work for both the employee and the business.
By viewing accommodation not as a burden, but as an opportunity to tap into the full potential of your team, you can make the workplace a more positive place for everyone.
How Citation Canada can help with workplace accommodations
As you can see, workplace accommodation in Canada can be challenging. Staying up-to-date with human rights legislation and implementing effective accommodation processes requires expertise and resources. This is where we at Citation Canada come in to help!We offer beneficial solutions for HR support. We can help you gain the confidence and expertise needed to build a truly inclusive workplace where all employees feel supported and empowered to succeed.