Recognize the need for accommodation
A General Process for Managers: Recognize the need for accommodation
1. Recognize the need for accommodation
The duty to accommodate is about removing discriminatory barriers that are prohibited by the Canadian Human Rights Act. These barriers hinder an employee’s or candidate’s full participation in the workplace. Managers should take a positive approach to accommodation that supports timely decisions. This approach is consistent with the principles of Public Service Renewal, and legislation and policy related to the duty to accommodate.
The duty to accommodate is a shared responsibility that may involve multiple parties, such as employees or candidates in an appointment process, union representatives, and experts. It’s important to remember that managers may have a duty to enquire if they believe that an employee requires accommodation measures, even if the employee has not requested it.
The duty to accommodate extends beyond the traditional workplace. It applies wherever the employee is required to perform work either temporarily or permanently (such as telework or while on travel status).
Examples of recognizing the need for accommodation may include:
- departments clearly stating duty to accommodate information in their hiring and onboarding processes to seek information from candidates and employees
- an employeeFootnote 1, candidateFootnote 2 or a third party acting on behalf of the employee or candidate has requested accommodation
- managers using their observations and knowledge of the employee as a basis for initiating a discussion about the possible need for accommodation.
A request for accommodation does not have to be in writing. Self-identification for employment equity purposes is not required to be eligible for accommodation.
More information
Prohibited grounds of discrimination
The duty to accommodate is not about employee preferences. It is about removing discriminatory barriers related to the 13 prohibited grounds of discrimination by providing reasonable accommodation measures to ensure the full and equal participation of all employees and to equip all employees to be successful and to contribute to their full potential. The first step is to determine whether the request relates to one or more of the grounds of discrimination prohibited under the Canadian Human Rights Act:Footnote 3
- race
- national or ethnic origin
- colour
- religion
- age
- sex (including discrimination because of pregnancy or childbirth)
- sexual orientation
- gender identity or expression
- marital status
- genetic characteristics
- family status
- disability
- conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered
The Policy on People Management defines a “barrier” as one that includes physical, architectural, technological or attitudinal obstacles, policies, practices, systems or procedures that exclude or hinder the full and equal participation of persons protected from discrimination by the Canadian Human Rights Act, in employment. Employers must remove systemic barriers and, where other barriers exist, they must provide appropriate supports or workplace adaptations (accommodation) to enable all employees to contribute to their full potential. The obligation to accommodate and the process remain the same even if the work location changes (for example, telework).
Employment-related barriers may not be obvious: the way in which a process is designed or performance is measured can prevent a qualified person from being hired, finding meaningful work or being promoted in an organization. Some people who experience such barriers are excluded, or are treated differently, because of ideas, beliefs or assumptions that other people have about them; this is called an “attitudinal barrier”.
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