What is the duty to accommodate? What does it mean for Alberta employers?

Navigating the complexities of accommodation under human rights law is a crucial obligation for Alberta employers. As the nature of requests diversifies, it is essential to grasp both the legal mandates and practical actions needed for an impactful response.

This overview provides helpful insights into fulfilling accommodation duties while minimizing workplace risks.

Under human rights legislation, Alberta employers must not discriminate on various protected grounds, such as disability, family status, race, and religion. These laws require that employers accommodate employees up to the point of undue hardship. This often means adapting workplace policies and practices to meet individual employee needs without compromising the business's operational viability.

Employers have an obligation to accommodate when they become, or should reasonably become, aware that an employee may need support. This responsibility is not solely dependent on a formal request. Observable indications such as physical discomfort, declining work performance, or frequent absences can activate this duty. It is up to employers to assess the situation and take the necessary steps to begin the accommodation process if warranted.

When assessing accommodation needs, employers must show a good-faith. This can involve engaging in discussions with the employee, collecting relevant information, and identifying feasible adjustments. Human rights tribunals will look at whether the employer carried out appropriate measures before considering if the requested accommodation is valid.

Although accommodation is a legal requirement, it has its limits. Employers may deny accommodation if it leads to undue hardship, which can be assessed based on factors like cost, health and safety concerns, and the availability of external funding. An employer's personal inconvenience or preferences do not constitute legitimate reasons for denying accommodation requests.

Accommodation is not a one-sided effort but a cooperative process in which the employee must be actively involved. Employees are expected to provide the necessary documentation and information to justify their needs; this helps the employer evaluate and implement fitting accommodations for the particular circumstances.

By understanding and adhering to these guidelines, Albertan employers can effectively meet their accommodation obligations.

If you need further assistance or guidance, do not hesitate to reach out to Mint Legal for professional support and advice. You can contact us here.