Workplace Accommodation in Ontario, Alberta, and British Columbia
When an employee in Ontario, Alberta, or British Columbia is unable to perform his or her job due to religious reasons, as a result of a disability (either physical or psychological), because of childcare or due to other constraints, the employer must provide assistance to the employee.
Employers who fail to fulfill their duty to make reasonable accommodations for a disabled employee risk facing human rights violations. Employees may also be presented with the option to claim constructive dismissal (or resignation with severance).
What Employers Must Do To Accommodate
The duty to accommodate requires employers in Ontario, Alberta, and British Columbia to edit the workplace so that the environment can meet the needs of the employee’s disability. The goal is to allow the employee to carry out their work duties, despite their disability.
Employers may have to change the employee’s job requirements, provide someone to help the employee perform their job duties, or make changes to the shift itself.
The employer does not have to make accommodations if the exercise creates undue hardship. The definition of undue hardship depends on each individual case and the workplace involved. Generally speaking, undue hardship occurs when the business is impacted by accommodation, or the employee in question cannot fulfill their duties despite the attempts at accommodation made by the employer.
WATCH: Employment lawyer Lior Samfiru discussed everything you need to know about the duty to accommodate on an episode of the Employment Law Show.
When You Should Contact Us
When an employer has not properly performed their duty to accommodate you in the workplace, call us immediately. Our lawyers have helped employees resolve these issues with little difficulty, and in a quick manner.
If your employer insists that they have done their best to meet your needs as required by law, check with us to ensure that they have, in fact, taken all the necessary steps to allow you to successfully perform your duties.
Failure to provide accommodation to a disabled employee could result in constructive dismissal, otherwise known as resignation with severance pay. The Toronto, Ottawa, Calgary, and Vancouver lawyers at Samfiru Tumarkin LLP will help you navigate this process, and defend your employment and disability rights.
Contact us online or call us at 1-855-821-5900.