The DUTY to ACCOMMODATE

1. The DUTY to ACCOMMODATE

2. Definition of Duty to Accommodate • It is a legal requirement under the Canadian and the Saskatchewan Human Rights Codes for an employer to take reasonable measures short of undue hardship to accommodate the particular needs and disabilities of employees.

3. Duty to Accommodate

4. Duty to Accommodate • It is the tailoring of a work rule, practice, condition or requirement to the specific needs of an individual or group.

5. Duty to Accommodate • It is the tailoring of a work rule, practice, condition or requirement to the specific needs of an individual or group. • The need may be associated with their disability, religion, gender.

6. Duty to Accommodate • It is the tailoring of a work rule, practice, condition or requirement to the specific needs of an individual or group. • The need may be associated with their disability, religion, gender. • It involves some sort of differential treatment which is highly individualized.

7. Duty to Accommodate The duty to accommodate requires different treatment as a means to achieve equality of opportunity. In other words, it rejects the idea that, just because everyone works for the same employer, they must be treated the same, with no exceptions.

8. Essentials of a Workplace Accommodation • Change is required.

9. Essentials of a Workplace Accommodation • Change is required. • Exceptions are made to the norm.

10. Essentials of a Workplace Accommodation • Change is required. • Exceptions are made to the norm. • Discussions are held with the Employee.

11. Essentials of a Workplace Accommodation • Change is required. • Exceptions are made to the norm. • Discussions are held with the Employee. • Employer must accommodate even if the consequences have some degree of hardship.

12. Examples of Accommodation • Reassignment of duties • Shift changes • Hours of work • Waiving of postings for vacancies • Ergonomic changes • Technical devices • Assignment to other than previous job

13. Examples of situations that require Accommodation • Addictions • Religion • Language • Pregnancy • Gender • Medical Problems

14. Barriers to Accommodations: • Employer policies • Layoffs and terminations • Refusal to return to work • Disability benefits • Last-chance agreements • Innocent absenteeism • Training • Collective agreement

15. Barriers (continued) • Age • Other pre-existing medical conditions • Educational history • Employment history • Length of time off

16. Accommodation Techniques • Rehabilitation treatment • Graduated return to work • Alternate placement • Functional capacity evaluation • Modified hours of work • Work trials • Review of job descriptions • Review of job task analysis • Modified work stations

17. Return-to-Work Process • Employer stays in touch with employee while ill. • Employee gives notice of ability to return to work. • Employer assesses restrictions (set out by employee’s doctor) and accommodation options. • Employer meets with employee and union to make offer. • Employee reviews offer.

18. Return-to-Work Process (continued) • Employee may review accommodation with doctor. • Employer provides education on accommodation to co-workers. • Graduated return-to-work takes place. • Supervisor reviews return-to-work progress regularly.

19. Stewards must work to prevent any resistance or harassment from co-workers toward the returning employee.

20. Disability doesn’t stop people. Discrimination can.