Frequently Asked Questions

• Interests, needs, barriers and concerns experienced by federal public servants with disabilities in areas including but not limited to those of recruitment, retention, accommodation, accessibility, training and development, career progression, promotion and advancement, succession planning, workplace barriers, and respectful, welcoming and inclusive workplace environments; and
• Actions and initiatives required to address these interests, needs, barriers, and concerns

section15(2)

"[In order to establish an exception to the duty to accommodation] ...it must be established that accommodation of the needs of an individual or a class of individuals affected would impose undue hardship on the person who would have to accommodate those needs, considering health, safety and cost."

Accommodation is not a courtesy -- it's the law. An employee who has been denied accommodation can file a complaint under the Act. Failure to provide accommodation short of undue hardship may be found to be discrimination on the basis of disability.

"Canadian Human Rights Commission"

• If you are presently recruiting, and do not wish to exclude any potential candidates in finding the best person for the job.
• If you wish to promote the participation of people with disabilities in your workplace.
• If you wish to enhance the potential of an existing member of your staff with a disability or disabilities.
• If you have a staff member returning to his/her job following an accident or an illness, and you need tips on helping him/her to reintegrate into the workplace.
• If you wish to provide an accessible, safe and healthy working environment for everyone in your workplace.

- Can the person perform the job as it exists? 
- If not, can the person perform the job if it is modified by re-bundling duties, re-training or through some other accommodation? 
- If not, can the person perform another job in its existing or accommodated form? 

A. There are limits to the employer's duty to accommodate. An employer must balance the rights of the individual and the right of the employer to have a productive workplace. An employer is not required to:

• create an unproductive job
• keep someone unable to meet their employment obligations despite accommodations
• face undue hardship 
• If employee is denied accommodation he/she can file a complaint under the Canadian Human Rights Act.

A. The policy on the Duty to Accommodate includes references to the notion of "undue hardship". The following definition was provided by the Canadian Human Rights Commission:

"[ In order to establish an exception to the duty to accommodate] it must be established that accommodation of the needs of an individual or a class of individuals affected would impose undue hardship on the person who would have to accommodate those needs, considering health, safety and costs."

In addition, the burden is on an employer to prove that:

1) The costs would risk the viability of the organization (in which case the size of the employer plays a critical role); or
2) Accommodation would create health or safety risks to others. 

Employers may have to endure some hardship but are not required to go beyond the point that such hardship is undue, taking into account:

• Health: You cannot risk the health of an employee for the sake of the person being accommodated
• Safety: You cannot risk the safety of an employee for the sake of the person being accommodated
• Costs: Cost is "undue" when it threatens the viability of the organization.

A. Remember that employment accommodation is not always a one-time provision; individuals' needs can change over the course of their employment, as can the job itself. If an employee approaches you to tell you that he or she cannot perform well enough without further accommodation, this may be entirely legitimate. However, if an employee arrives continually late for work, this is a management issue, and not an accommodation requirement of flexible work hours. It is important to ensure that all employees understand what performance level is expected of them, and what workplace ethics are a part of your corporate culture. Accommodation is a means of enhancing an individual's abilities, and ensuring that workplace performance standards are met not compromised.

A. A BFOR refers to an essential task or objective required to perform a job. An employer must review tasks in job descriptions to determine if the tasks are essential for the position. If the task is not essential and is discriminatory, it must be removed.

As well, employers must pay particular attention to the difference between the processes and objectives of a job description. In many instances, it is possible to alter, or accommodate, a process while still achieving the objective.

Note: A BFOR is not considered a discriminatory practice.

"It is not a discriminatory practice if:

any refusal, exclusion, expulsion, suspension, limitation, specification or preference in relation to any employment is established by an employer to be based on a bona fide occupational requirement" Canadian Human Rights Commission, Section 15 (1)

Canadian Human Rights Commission

A. While the employer has the principal duty to accommodate individuals, the accommodation process is a shared responsibility requiring collaboration and consultation.

There are at least three different groups that may be involved in accommodation:

• the individual requesting the accommodation;
• the employer; and
• a union or professional association.

• Identify the need for workplace accommodation;
• Supply job-relevant, non-diagnostic, medical information, such as their functional limitations and capabilities (i.e., "the individual can lift between 1 and 25 lbs." or "the individual can only sit for 2 hours at a time");
• Participate in discussions about workplace accommodation solutions;
• Co-operate with any expert providing help;
• Work with the employer to evaluate and make adjustments, if needed, to the accommodation; and
• Communicate, when appropriate, with union representatives.

• Proactively design workplace requirements and standards so that, from the outset, they do not discriminate; 
• Communicate all policies, procedures and their commitment to the duty to accommodate to all employees and potential employees; 
• Accept the employee's request for accommodation in good faith;
• Limit requests to job-relevant information based on the individual's functional limitations and capabilities; 
• Investigate accommodation solutions; get expert opinion or advice where needed; 
• Record the accommodation request and any action taken;
• Maintain confidentiality;
• Accommodate quickly, short of undue hardship; 
• Provide support, evaluate the effectiveness of the accommodation and adjust as necessary; and 
• Collaborate, when appropriate, with the union representative.

• Help the employer design workplace requirements and standards so that, from the outset, they do not discriminate;
• Represent the needs of the individual for accommodation, when requested by the employee; 
• Develop a problem-solving approach to accommodation; 
• Follow up afterward to assess whether the accommodation is working and to help address any associated issues that may surface; and 
• Ensure collective agreements do not, in themselves, create barriers to full participation and productivity.

A. During an accommodation process, you will probably need more information and help.

Consult first with the individual who needs accommodation; this cannot be stressed enough. Often the individual can help identify who and where to turn to for advice.

In addition, several other resources ensure a successful accommodation. A "resource" may mean any one or more of the following, and is certainly not limited to:

• Individuals; 
• Federal government services;
• external associations;
• Publications; and
• Web sites.

• Human resources advisors; 
• Employment equity coordinators; 
• Union representatives; 
• Information technologists; 
• Occupational health and safety personnel; 
• Family physicians; 
• Rehabilitative counsellors; and 
• Ergonomic specialists.

- the Office for Disability Issues
- HRDC
- the Canadian Human Rights Commission.

External associations may include: 

• any local, regional, or national association dedicated to providing education, accommodation services, disability specific information, or some combination of these.

• A Way with Words: Guidelines and appropriate terminology for the portrayal of persons with disabilities, Human Resources Development Canada, Office for Disability Issues, 1998; 
• Barrier-Free Employers: Practical Guide for Employment Accommodation for People with Disabilities, Canadian Human Rights Commission; 
• Bridging the Gap: Government of Canada Programs and Services of Interest to Canadians with Disabilities, Human Resources Development Canada, Office for Disability Issues, 1998; 
• Employment Equity Policy, Treasury Board of Canada Secretariat, July 1999; 
• A Place for All: A Guide to Creating an Inclusive Workplace, Canadian Human Rights Commission, 2001; 
• Policy on the Duty to Accommodate Persons with Disabilities in the Federal Public Service, Treasury Board of Canada Secretariat, June 3, 2002; and 
• Working Together: An Employer's Resource for Workplace Accommodation, Human Resources Development Canada (Ontario Regional Office), in collaboration with Future Abilities and Creative Employment, 2000.

• Accessible Procurement Toolkits, Assistive Devices of Industry Canada 
• Canadian Abilities Foundation 
• Canadian Council on Rehabilitation and Work (CCRW) 
• Canadian Human Rights Commission 
• Employment Equity Division, Treasury Board of Canada Secretariat 
• Office for Disability Issues, HRDC 
• Parliamentary Sub-Committee on the Status of Persons with Disabilities 
• Public Service Alliance of Canada 
• Web Site Accessibility Testing Service, TBS 
• Workplace Equity

• application forms for you and your dependent children; 
• a questionnaire for details of your work history and medical condition;
• a medical report to be completed by your doctor. If you have more than one doctor, choose the one who knows the most about your main medical problem; 
• a consent form that Canada Pension Plan may use to get additional information; and 
• a form for you to complete if you reduced or stopped working to look after your children under the age of seven.