E.F.A.P. and Disability Management
E.F.A.P. and Disability Management Committee
Committee Members
The duty to accommodate. What is it?
II. Duty to Accommodate
"Duty to accommodate refers to the obligation of an employer, service provider, or union to take appropriate steps to eliminate disadvantage to employees, prospective employees, or clients resulting from a rule, practice or physical barrier that has or may have an adverse impact on persons with disabilities."
Canadian Human Rights Commission
The duty to accommodate is the single most important factor to positively affect the participation of people with disabilities in the workplace. The meaning of the duty to accommodate up to the point of undue hardship continues to evolve through legal interpretations of tribunals and courts. The law requires that an employer will provide accommodations unless it can demonstrate that the provisions of those accommodations would cause an undue hardship. In the absence of being able to prove undue hardship, the employer or service provider would not be able to establish a defense against a claim of discrimination.
Test
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