Canada labour law mental illness accommodating
Examples include the following: For requests related to religious practices, you should not generally need supporting documentation.
However, if you are unfamiliar with the religion or the specific religious practice, it may be appropriate to request additional information from the employee or a designated official within the employee's religious community.
To demonstrate that the duty to accommodate has been fulfilled, the employer must be able to document the process that was observed in considering and acting on the employee's request for accommodation.
This document has been prepared to provide a general process to follow when assessing an accommodation request.
The following are some examples of signs that might require further investigation to assess whether accommodation is needed: If you have spoken to the employee about specific behaviours and offered the option of accommodation on several occasions, and the individual does not wish to pursue the matter, remember to document the steps you took to show that you did everything you could to help the employee and that you fulfilled your obligations regarding the duty to accommodate.
If an employer can show that there are specific requirements that every individual performing a specific job must meet because they are essential to the effective and safe performance of the job, then no duty to accommodate arises because this does not constitute discrimination.
Again, the information you seek should focus on the needs pertaining to the accommodation rather than on personal information about the employee.
In general, keep the following in mind: Accommodation requires a balance between the rights of an employee or candidate and the right of an employer to operate a productive workplace. As a manager, you are not required to do the following: Employers are required to provide accommodation up to the point of undue hardship.
The duty to accommodate is not about employee preferences; it is about removing discriminatory barriers related to the 13 prohibited grounds of discrimination, up to the point of undue hardship to the employer.
The following are common situations that could trigger the need for accommodation: Performance problems can sometimes tell you that there may be a need to accommodate, even when the employee has not asked for an accommodation.
There is no set formula for deciding what constitutes undue hardship.