In Fall 2018, PSAC 901 held a workshop for members on accommodations. With the help of our regional representative, we have compiled some information for members that may be useful in your employment at Queen’s. If you have any questions about this information or about the process of gaining accommodations, contact us at [email protected].
Download this information as a word doc: The Duty to Accommodate.
- Prohibited Grounds in Ontario: Individuals and Groups who are protected under human rights legislation include: Race, colour, ancestry, creed (religion), place of origin, ethnic origin, citizenship, sex and gender identity, pregnancy, sexual orientation, age, marital status, family status, disability, receipt of public assistance.
- Bona Fide Occupational Requirement: This is a limitation on the Duty to Accommodate. We can admit that a workplace standard such as a required rate of work, speed of movement, or a prescribed method of doing the task are Bona Fide Occupational Requirements if this standard cannot be adjusted through accommodation without losing essential elements or duties of the job. An individual might be excluded from a position if they cannot meet such a standard.
- Undue Hardship: The threshold for undue hardship is extremely high. A employer can refuse to implement an accommodation strategy if doing so would substantially disrupt or interfere with their operations. This does not mean an inconvenience! It usually either means: a) that an accommodation would alter the nature of the organization or substantially affect the viability of the enterprise; or b) that the accommodation would undermine the health and safety of one’s co-workers. The employer is responsible for establishing undue hardship.
- The Dignity of Risk: This principle refers to an individual’s right to accept a higher risk for themselves (though not others) as a reasonable consequence of accommodation. For instance, someone may assume the risks involved in wearing a religious head attire instead of a hard hat in the name of accommodation.