What To Do If You Have Been Denied Accommodation In Ontario
As an employee in Ontario, you have the right to request accommodation for your disability in the workplace. The Ontario Human Rights Code (Code) mandates that businesses have a duty to accommodate employees up to the point of undue hardship. Sometimes an employee’s accommodation request is wrongfully denied.
In this article, we will explore the responsibilities of employers regarding workplace accommodations and measures an employee can take if they find themselves in a situation of being denied accommodation.
What Is The Duty To Accommodate
Under the Code, employers have a duty to accommodate their employees by making necessary modifications or adjustments to their duties and work conditions based on individual needs. This duty ensures an inclusive workplace that allows the full participation of its workers.
Accommodations can take various forms, including granting time off for religious observance, adjusting work schedules for caregiving responsibilities, constructing wheelchair access ramps, offering flexible work hours, and allowing employees to respond to family emergencies.
Employers should proactively offer accommodations when an employee’s needs are evident without waiting for formal requests. However, employees should inform their employer if they require accommodations.
When requesting accommodation, employees should actively participate in the process. They should provide sufficient information to enable employers to assess available accommodations.
If the company has a workplace accommodation policy, employees should follow the process outlined in that policy. If no such provision exists, employees can submit the request to their manager or supervisor.
Making accommodation requests in writing is advisable, as it creates a documented record. In their written request, employees should include the reason for the accommodation (though you may leave out any confidential medical information and diagnosis), information confirming the need for accommodation, and suggestions for possible accommodation measures.
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In addition to the written request, employees may attach supporting documents from third parties. Supporting documents can include medical notes, a functional abilities form, or written evidence regarding childcare or family status needs. While not mandatory, providing these additional documents can assist employers in assessing accommodation needs. For example, a functional abilities form can help explore suitable tasks for an employee unable to perform labour-intensive duties due to an injury.
Employers have an obligation to consider and evaluate accommodation requests from employees and provide accommodations accordingly.
Understanding the Employer’s Duty to Accommodation
The duty to accommodate requires employers to ensure appropriate accommodations for employees by considering their individual circumstances. Employers must develop and implement accommodations that enhance employees’ ability to integrate and participate in the workforce.
It is important to understand that what constitutes sufficient accommodation can vary based on the protected grounds outlined in the Code, including age, disability, sex, religion, and family status.
Employers have a duty to provide accommodation, but they are not obligated to provide perfect accommodation. The employer’s duty to accommodate is limited to the point of “undue hardship.” The Code outlines three considerations to determine if an accommodation would cause undue hardship:
- Cost
- Outside sources of funding, if any
- Health and safety risks, if any
Proving undue hardship can be challenging for employers. Merely claiming that accommodating an employee is expensive or inconvenient would not likely meet the threshold. However, employers may be able to argue undue hardship based on excessive accommodation costs.
It is a good idea for employers to consult an employment lawyer when it comes to accommodation requests. Employment lawyers play a crucial role in helping employers navigate accommodation requirements and understand their legal obligations. They provide expertise in labour and employment laws, ensure compliance, and minimize legal risks.
By working with an employment lawyer, employers can fulfill their duty to provide reasonable accommodation while protecting their legal interests and promoting inclusivity in the workplace.
What Can Employees Do If Their Accommodation Request Is Denied
If your request for accommodation has been denied, the next step is to seek clarification from your employer. You may ask for the reasons in writing or request a meeting to discuss them, and gather documentation related to the denial of accommodation. It is important to keep a record of all communication and correspondence with your employer throughout this process.
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Seeking the assistance of an employment lawyer can be highly beneficial, as they can provide the following support:
- Legal expertise and advocacy: Employment lawyers possess in-depth knowledge of human rights legislation and can provide legal advice on your rights and protections. They can also engage in negotiations on your behalf, present your case, and advocate for a suitable accommodation.
- HRTO proceedings: If informal discussions and negotiations do not lead to a resolution, an employment lawyer can guide you through filing a formal human rights application with the HRTO. They can ensure all necessary forms and information are properly submitted and represent you during mediation sessions or hearings.
- Gathering evidence: An employment lawyer can assist in gathering relevant evidence to support your case. They can help document the denial of accommodation, obtain witness statements, and collect any additional documentation that strengthens your position.
By consulting an employment lawyer, you can ensure that your rights are protected, and your case is properly presented. They can also help you navigate the complexities of the legal process.
Conclusion
Employers have a duty to accommodate their employees to the point of undue hardship. If your request for accommodation has been denied, it is essential to take proactive steps to address the situation. Seek clarification from your employer by requesting a meeting to discuss the reasons for the denial and gather relevant documentation. Maintain a record of all communication throughout this process.
During this challenging time, consulting an employment lawyer can greatly assist employers and employees in navigating the process. Employment lawyers can help advocate for your rights and organize your evidence to strengthen your case.
By taking these steps and seeking the appropriate support, you can ensure that your rights are protected, your case is properly presented, and you have knowledgeable advocates working on your behalf. Together, you can navigate the complexities of the legal process and increase the likelihood of a fair resolution.
Contact Us
If you are an employer or an employee needing assistance, our team of experienced employment lawyers at Achkar Law can help.
Contact us by phone toll-free at 1 (800) 771-7882 or email us at [email protected], and we will be happy to assist.
