Accommodating people with disabilities in the workplace
This may include situations involving a mental disability, such as addictions.In these cases, if an employer has reason to question, or ought reasonably to have recognized a need for accommodation, the employer may have a duty to make enquiries about whether or not the employee has a disability-related need that requires accommodation.The employer should also limit disclosure of the information within its organization.In some cases, the employer must obtain the consent of the employee to collect information directly from their health care provider.
The employee should cooperate when their employer requests information to explain how their need is connected to the employee’s protected characteristic.The employer should be prepared for an employee’s needs to change over time, which may require adjustments to their accommodation plan.The employee’s obligation to participate in the accommodation process The employee has a responsibility to participate in the accommodation process.Everyone involved should engage in the process, by sharing information, consulting with professionals as needed and work towards providing the employee with a solution that allows them to operate in the workplace on an equal level with others.Although the employer and employee both have responsibilities in the accommodation process, the duty to accommodate is the employer’s.
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For example: The employee should also cooperate by offering solutions that might meet their needs, sometimes with the assistance of their union.