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Employers Duty to Accommodate
Due to federal and provincial law, as well as court rulings, every employer and union has the duty to provide accommodation for disabled, short of causing undue hardship.
To help determine accommodation, employers engage in a four-step process and their efforts must be genuine and to the best of their abilities:
- if the employee can do the job without any changes or accommodations
- if the job can be redesigned so that the employee can perform it
- if the employee can do an alternate job
- if an alternate job can be redesigned to accommodate the employee
Also, the Supreme Court of Canada has determined in rulings:
- accomodations must be made unless it is impossible without undue hardship
- the definition of undue hardship is at a high threshold
- exemptions are strictly governed
An excellent reference is a paper entitled "Disability and the Duty to Accommodate in the Canadian Workplace" (PDF) by the Ontario Federation of Labour.
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