Duty to Accommodate
Duty to Accommodate
Employers have an obligation and duty to accommodate employees to ensure that a disabled or injured employee is still able to participate meaningfully in the workplace. This means that an employer has an obligation to adjusts rules, practices and policies to accommodate reasonable requests from employees.
Employers are responsible for ensuring that employees with disabilities have equal opportunity, equal access and can enjoy equal benefits to those working without disabilities in the workplace.
David Ertl has been a trusted advisor to employers for 20 years, be it corporations, non-profits, partnerships, or sole proprietor ships.
Ertl Lawyers works closely with human resource professionals, managers, and owners to make sure that they are accommodating individuals in the right way.
Ertl Lawyers are employment counsel for employers in a variety of industries including:
- Arts and Entertainment
- Travel
- Manufacturing
- Trades
- Professional Services
- Accommodation and Food Service
Legal Obligations to Accommodate
Common legal accommodation requirements that Ertl Lawyers can help with:
- Evaluating requests for accommodation
- Assisting in developing appropriate accommodations based on requests
- Creating policies and procedures to help provide accommodations
- Creating policies to ensure the workplace is free from harassment and discrimination
- Identify and eliminate rules that have a discriminatory impact
- Interpretation and implementation of the Ontario Human Rights Code or the Canadian Human Rights Act
Legal Requirements for the Duty to Accommodate
Common issues that Ertl Lawyers helps employers with:
- Determining the reasonableness of the accommodation request
- Assisting in finding a reasonable solution to an accommodation request
- Determining if a request is considered undue hardship
- Defending applications made against the employer to the Human Rights Tribunal or Human Rights Commission
- Development and implementation of policies and procedures
- Determining when frustration of contract has occurred
- Workplace investigations
Andrea is our go to professional for guiding us through the often complicated world of “accommodations”, in particular, disability accommodation. We have no doubt that she has helped us maintain a high standard of positive relationships with our employees.
– EMPLOYER, ENGINEERING SERVICES, OTTAWA VALLEY
Need Expert, Reliable & Affordable Employment Counsel? You Found Us.
We are employment counsel to small and medium-sized businesses across Ontario.
We provide outstanding service in employment matters including:
Contract Drafting
Workplace Policies
Hiring and Dismissals
Human Resources Advice
Litigation Counsel
Duty to Accommodate
Workplace Investigations
Legislative / Regulatory Compliance
Call us today. Our help can make all the difference.
Related Blogs
What To Know About the Employment Equity Act in Canada
If you want a summary of the intent behind Canada's Employment Equity Act (EEA), you need not look any further than section 2 of the EEA, the "Purpose of Act" (last updated in 2017): "The purpose of this Act is to achieve equality in the workplace so that no person...
Performance Improvement Plans in the Banking Industry
At face value, performance improvement plans (PIPs) are meant to be a tool that helps struggling employees meet specific performance-related goals. In the banking and finance industry, this commonly means meeting targets and sales quotas of various financial products....
Working Notice in Ontario
If an employer wants to end an employment contract without cause in Ontario, and the employee has worked with them for at least 90 days, the employee is entitled to a minimum amount of notice that their job is going to be ending on a specific date in the future (the...
Related Videos
Severance Pay Calculator
October 26, 2020 | Employment
How to Handle Negative Performance Reviews
October 26, 2020 | Employment
5 Reasons Your PIP is a Sham
October 26, 2020 | Employment