Accommodating relationship in workplace
As a manager, you are responsible for respecting the individual's right to privacy and confidentiality while fulfilling your obligations regarding the duty to accommodate.You will need to know when it is appropriate to ask for supporting information or documentation.
In general, keep the following in mind: Accommodation requires a balance between the rights of an employee or candidate and the right of an employer to operate a productive workplace. As a manager, you are not required to do the following: Employers are required to provide accommodation up to the point of undue hardship.You should make serious, conscientious and genuine best efforts, document your efforts, and include input from the employee and the employee representative, where applicable, as well as from your organization's human resources/labour relations functional specialists It is not enough to offer assumptions or impressions about what is or is not possible.For example, simply declaring that the cost is too high or that there is an unreasonable risk to health and safety does not constitute undue hardship.As a manager, you are obligated in certain circumstances to initiate action to determine if an accommodation is needed, even if the employee has not asked for it.You are encouraged to consult with your organization's human resources/labour relations functional specialists for guidance.This document does not constitute legal advice, but is intended for use as a decision-making model to help departments and managers meet their duty to accommodate while acknowledging that accommodation is always decided on a case-by-case basis.
The document also describes the roles and responsibilities of key players in the accommodation process, such as managers, functional specialists (e.g., facilities, information technology, human resources/labour relations, occupational safety and health, compensation, legal services, Employee Assistance Program ( When you receive a request for accommodation or perceive a need, your first step is to determine whether the request falls under one or more of the following 13 grounds of discrimination that are prohibited under the The duty to accommodate is most often applied to situations involving disabilities, but it also applies to the other grounds, such as family status.
The following are some examples of signs that might require further investigation to assess whether accommodation is needed: If you have spoken to the employee about specific behaviours and offered the option of accommodation on several occasions, and the individual does not wish to pursue the matter, remember to document the steps you took to show that you did everything you could to help the employee and that you fulfilled your obligations regarding the duty to accommodate.
Be sure to advise the employee of available services, such as You notice that a previously reliable employee is missing deadlines.
Successful accommodation requires the collaboration of multiple parties, including the employee or candidate, the manager, the employee representative, functional specialists and co-workers.
The employee or candidate is expected to do the following: Accommodation is made on a case-by-case basis, and the process should be as uncomplicated as possible.
The duty to accommodate is not about employee preferences; it is about removing discriminatory barriers related to the 13 prohibited grounds of discrimination, up to the point of undue hardship to the employer.