I am a member of the CPHR (Chartered Professionals in Human Resources of British Columbia & Yukon) formerly known as HRMA (Human Resources Management Association). Every month they offer Roundtables in Vernon, Kelowna and Penticton. I find these roundtables very informative and of great assistance to my work as an Employee Benefit Specialist.
I would like to thank Co-Presenters Veronica Ukrainetz and Kelsey Robertson of Ukrainetz Workplace Law Group for her talk on Human Rights and Family Status in the Workplace. I will supply the Introduction that Veronica and Kelsey provided us, however, I would strongly recommend that you contact an expert if you are in a Human Rights situation.
“The duty to accommodate is a legal requirement arising out of human rights legislation and caselaw in Canada. Where a barrier exists, or a policy/practice has adverse consequences for an employee on the bais of the protected grounds listed in human rights legislation, employers are obligated to accommodate so as to give relief from the adverse consequences, to the point of undue hardship.
The concept is that the employer and employee experiencing the adverse consequences will work together to “level the playing field” such that the employee can be on equal footing with the rest of the workforce.
The point at which undue hardship is reached is unique to each employer. Considerations include financial cost, health and safety risks, the size and flexibility of the workforce and the feasibility of the needed accommodation. The burden must be substantial, but in theory, the employer is not required to compromise standards or expectations or negatively affect the security of employment of those employed prior to the commencement of the accommodation process. A successful resolution will vary greatly from one employer to another, and more than inconvenience or disruption is to be expected in all situations.”
I would be interested to start a discussion around your experience with Duty to Accommodate.