Employee accommodations at Correctional Service Canada

What is the duty to accommodate

The duty to accommodate is described in Commissioner’s Directive 254-3.

The Canadian Human Rights Act and the Employment Equity Act state that there are prohibited grounds or human attributes that individuals or group of individuals can't be discriminated on. 

CSC’s duty to accommodate program ensures an inclusive and barrier-free workplace, free from discrimination based on any of the 13 prohibited grounds of discrimination identified in the Canadian Human Rights Act:

• race
• national or ethnic origin
• colour
• religion
• age
• sex
• sexual orientation
• gender identity or expression
• marital status
• family status
• genetic characteristics
• disability (physical or mental disability)
• a conviction for which a pardon has been granted or a record suspended

CSC ensures that barriers associated with rules, policies and practices that may prevent employees from accessing or being included in the workplace are eliminated. CSC regularly reviews these rules, policies and practices to ensure that they are not discriminatory, thereby reducing the need for individual accommodation. Where such barriers cannot be removed, CSC is committed to providing accommodation, up to the point of undue hardship.

The accommodation process

• Step 1: Recognize the need for an accommodation
  • Once a potential need for accommodation has been identified, the manager/supervisor should meet with the employee to discuss the accommodation request
  • The manager/supervisor should ensure the Accommodation Form is completed by the employee to formalize the request for accommodation

• Step 2: Manager gathers and reviews information pertaining to the employee’s accommodation request and assesses the request
  • The manager/supervisor will assess supporting information/documentation and consider whether the employee’s accommodation request conforms to a prohibited ground of discrimination
• Step 3: Manager makes an informed decision regarding the accommodation request
  • For requests that conform to a prohibited ground of discrimination, the manager/supervisor will consider how to best accommodate the employee by generating suitable options and considering any options proposed by the employee and/or bargaining agent
  • If none of the proposed options are feasible, the manager/supervisor will identify why not, and what is feasible
• Step 4: Manager implements and communicates the decision regarding the accommodation request
  • For approved accommodation requests, the manager/supervisor will discuss and share the formalized accommodation measures which will be detailed in the Accommodation Form
  • For denied accommodation requests, the manager/supervisor will discuss the rationale for denying the request with the employee and clearly outline the rationale in the Accommodation Form. All denied accommodation requests must be signed off by the Institutional Head/District Director/Director/Director equivalent
• Step 5: Manager follows up and maintains records of the accommodation
  • The frequency and timing of follow-up meetings/discussions with the employee will vary according to the unique circumstances of each case
  • The manager/supervisor will request updated information, when applicable, from the employee if there is reason to believe the employee’s accommodation requirements have changed, if an extension of a temporary accommodation is made, or if the accommodation is no longer required

How a CSC employee can make a request

Before you submit a request, you should familiarize yourself with the accommodation process by reviewing the CSC Guidelines on Workplace Accommodations (internal link to PDF).

You are also encouraged to review the Employee’s Procedural Checklist (internal link to .doc). This document/checklist is meant to be a guide only and applies to accommodation requests for employees currently in the workplace where there is no associated medical absence and no insurer such as the provincial Worker’s Compensation Board, or Disability Insurance.

If you are currently on a medical absence from the workplace or an insurer is involved, please review the Return to Work web page.

Contacts and information

For further information about CSC’s Duty to Accommodate program, please contact your manager.

Related links

• Workplace accommodation - A guide for federally regulated employers
• Workplace Accommodation CD 254-3
• Accommodation
• Working for the Government of Canada:  The duty to accommodate and your right to non-discrimination