AN EMPLOYERS DUTY TO ACCOMMODATE

Employers have many obligations and duties towards their employees. A crucial duty that is owed, is a duty to accommodate.  This duty to accommodate,  as per the Ontario Human Rights Code (the Code), employers and unions have a legal duty to accommodate the needs of people with disabilities who are adversely affected by a requirement, rule or standard. It further states that a place of employment should be designed in a manner which is inclusive and can adapt to accommodate the needs of a person with disability in a manner which promotes integration and full participation. 

Under the Code, the employers duty to accommodate is based off of three principals which are: respect for dignity, individualization, and integration and full participation. 

These three principals are further described below;

Respect for dignity

The duty to accommodate people with disabilities means that the manner in which accommodation is provided must be in the way that respects the dignity of the person. Human dignity includes self-respect, self worth and includes physical and psychological integrity. 

Individualization

This principal focuses around the notion that each person’s needs are unique and must be considered when an accommodation is requested.

Integration and full participation 

The accommodations that are in place should be developed to maximize a person’s integration.  There must be an inclusive design and free of any existing barriers preventing from an individual with a disability to be able to fully participate. 

In situations where the employer does not accommodate their employee, there could be consequences that the employer would be faced with due to their actions or lack of actions.  If you feel that your employer has failed to accommodated your needs during the course of your employment, or if you have any further questions regarding this topic, please contact Balatidis Legal Services, Mississauga employment law paralegal at 905-277-7701 for professional legal advice.