cover image: Workplace Accommodation - A guide for federally regulated employers


Workplace Accommodation - A guide for federally regulated employers

25 Apr 2024

The CRPD includes many rights that cover various aspects of a person’s life, including the right to employment, the right to work in an environment that is open, inclusive and accessible, and the right to reasonable accommodation in the workplace. [...] 2) The employer starts the conversation In some specific cases, it is the employer’s duty to initiate a discussion with the worker when circumstances suggest that the worker may need an accommodation. [...] Based on the information provided, the employer should be able to determine whether the worker: • is able to perform the essential duties of their position with appropriate accommodation; • needs to move to a different position due to their accommodation requirements; or • needs to be off work, and if so, for approximately how long. [...] Throughout the accommodation process, the goal should be to keep the worker at work (where appropriate) or to support the worker in returning to work as soon as possible. [...] For a standard or rule to be considered a BFOR, an employer must demonstrate that: i) the standard or rule is rationally connected to the performance of the job, ii) it imposed the standard with an honest and good faith belief in its necessity, and iii) any changes to the standard to accommodate workers who do not meet the standard would create undue hardship, considering health, safety, and cost.


Jeannette Patterson

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