The Duty To Accommodate - How Far Do You Have To Go?

The question: Is it undue hardship or is it a regular hardship? Those of us in HR in Canada need to consider this. And we can always brush up on the duty to accommodate so check out this video.
This was the focus of my conversation with Dylan Snowdon. Dylan is an Employment Lawyer and Instructor in the Faculty of Law at the University of Calgary. This is something he is asked about a lot and here are some of his insights:
✅ You have to accommodate, but can consider those accommodations that have the least impact on the employer.
🧐 Accommodations can take many forms, and it doesn't always have to be a big or complicated solution.
😢 The difficult accommodations are when there are a lot of unknowns or the employer is not accepting. Mental health often falls in this category.
📢 Whenever someone requests accommodation, the duty has been triggered.
Remember, the duty to accommodate is an important part of creating an inclusive workplace. By making reasonable efforts to accommodate the needs of employees, employers can create a workplace that is welcoming and supportive of all employees.
0:00 Intro
1:07 Overview
2:04 When
4:17 Non-disability
8:13 Unusual accommodations
12:15 Getting the necessary details
14:10 The WORST accommodation
15:44 The consequences for failing to accommodate
17:24 Culture and other employees
18:11 The role of employees
19:28 Avoiding litigation
Find Dylan at carbertwaite.com/calgary-lawy...
Andrea is an HR Consultant and can be found at www.thehrhub.ca

[@marinajackman5052]

I work for Alberta health service with over 100 thousand employees as an LPN since 2003 and I have a Mental Health disability related to work. It’s been over 2 years and AHS keeps saying they can’t accommodate. It’s complete BS. Thank you for your information.

[@hrhubtalk]

This sounds so frustrating. It's always so specific to the circumstances of each individual and employer that it's hard to offer anything but support. I assume you have reached out to WCB and are pursuing all the obvious angles. Best of luck in getting your employment situation sorted out!

[@marinajackman5052]

Thank you

[@derricktopping6693]

They accommodated me but took it away 9 months later due to “restructuring”. Did they fill there obligation?

[@hrhubtalk]

Hi Derrick. That's tough. Especially since you are back in the workforce with some kind of limitation. It really turns on the circumstances of your particular situation. At 9 months they clearly demonstrated a willingness to accommodate. Was yours the only restructured position? Do you believe you were chosen because of the limitation and, if so, what evidence is there? It's a tough one... you could certainly chat with an employment lawyer.