Human rights laws require employers to make reasonable accommodations for employees with disabilities to avoid undue hardship for the employer. The term “accommodation” refers to changing the workplace or an employee’s working conditions to prevent unfair exclusion or discipline based on a disability and ensuring that an employee is evaluated on their real abilities rather than preconceived notions.
When Does Disability Accommodation Arise?
When an employee requests disability accommodation, the employer should determine whether a reasonable accommodation is required. There are many circumstances when accommodation may be necessary. These include when an employee cannot perform the essential functions of their job without accommodation or when an accommodation would enable the employee to return to work after an absence due to their disability.
If you have a disability that requires accommodation or have been absent from work due to your disability, contact your employer and request accommodation. Your employer is required by law to provide a reasonable accommodation if it does not impose an undue hardship on the business.
What are Your Rights to Be Accommodated By Your Employer?
The Human Rights Code (HRC) also requires employers to accommodate an employee’s disability up to the point of undue hardship. An employer has to accommodate an employee’s disability as long as the accommodation does not cause undue hardship. Undue hardship is any factor that would substantially interfere with the operation of the business or result in health and safety risks.
There are three main types of accommodation:
- Physical accommodations: These include changes to the work environment or equipment that allow an employee with a disability to perform their job duties. Examples include installing ramps or modifying workstations.
- Procedural accommodations: These are changes to how things are done in the workplace that allow an employee with a disability to participate fully in their job. For example, providing accessible meeting rooms or flexible work schedules.
- Attitudinal accommodations: These are changes to attitudes and behaviours in the workplace that help make it more welcoming and inclusive for employees with disabilities. Examples include sensitivity training for co-workers or changing company policies that discriminate against people with disabilities.
Can Your Employer Contract Out of Its Disability Accommodation Obligations?
There are a few ways that an employer can contract out of its obligations. One way is by including a clause in the employment contract that limits or excludes the employer’s liability for failure to accommodate. Another way is by having the employee sign a waiver of their right to accommodation.
However, courts have held that such clauses are void if they contravene public policy or the Human Rights Code. And, even if an employee does sign a waiver of their right to accommodation, the waiver will only be effective if it is unambiguous.
Thus, while an employer may try to contract out of its obligations under the duty to accommodate, there is no guarantee that these efforts will be successful. However, a labour lawyer in Toronto is in the best position to help determine if your employer breaks the law by denying you accommodation.
How Long Does an Employer Have to Accommodate?
The length of time an employer has to accommodate an employee with a disability will depend on the nature of the disability and the accommodation required. In some cases, accommodation can be provided immediately. In other cases, it may take some time to arrange for the accommodation, particularly if it requires changes to workplace policies or procedures.
If an employer needs to provide accommodation immediately, they should work with the employee to develop a plan for how and when the accommodation will be provided. This plan should be developed as soon as possible after the need for accommodation is identified.
The duty to accommodate is a continuing one, meaning that an employer must make accommodations on an ongoing basis as needed. An employee’s need for accommodation may change over time, so employers must communicate with employees about their needs and how those are being met.
What Happens If You are Terminated for Disability-Related Absenteeism?
If you are absent from work due to your disability or a disability-related condition, your employer may be required to provide you with reasonable accommodation. However, if your absenteeism is excessive and causes undue hardship to your employer, they may be able to terminate you.
To avoid termination for disability-related absenteeism, you must keep your employer apprised of your condition and any changes in your ability to work. If you require time off for doctor’s appointments or treatments, give your employer as much notice as possible. And try to schedule appointments outside of work hours.
If you have a chronic illness or condition that causes occasional flare-ups, consider talking to your supervisor about working from home on those days. Many employers are willing to accommodate their employees’ needs regarding disabilities and chronic illnesses.
However, if your absenteeism is excessive and begins to impact your job performance negatively, your employer may start the process of terminating you. Before they can do so, they must first provide you with a written warning that outlines the problem and what steps need to be taken for you to continue working for them. If you fail to improve your attendance or job performance after receiving a written warning, your employer can legally terminate you.
Employers must accommodate disability and disability-related absenteeism. This means making reasonable adjustments to their workplace policies, procedures and practices to ensure that disabled employees can enjoy the same rights, privileges, benefits and opportunities as all other employees. By taking this step, employers can ensure that they are fulfilling their obligations under the law while creating an inclusive environment for all staff members, regardless of ability or health status.