Accomodating a worker tools
For example, individuals employed as truck drivers must meet vision standards and have an appropriate driver's licence.
If an employer can show that there are specific requirements that every individual performing a specific job must meet because they are essential to the effective and safe performance of the job, then no duty to accommodate arises because this does not constitute discrimination.
To prove undue hardship, you must provide substantial evidence and document it.
The law recognizes that a limitation on individual rights may be reasonable and justifiable in employment situations.
To help determine undue hardship, consider health, safety, cost, collective agreements, the interchangeability of the workforce and facilities, and the legitimate operational requirements of the workplace.
The duty to accommodate is not about employee preferences; it is about removing discriminatory barriers related to the 13 prohibited grounds of discrimination, up to the point of undue hardship to the employer.
The following are common situations that could trigger the need for accommodation: Performance problems can sometimes tell you that there may be a need to accommodate, even when the employee has not asked for an accommodation.
With the employee's consent, you obtain this information from the treating physician or counsellor, who recommends giving the employee more uninterrupted time at work so he or she can meet deadlines.
You make this adjustment and you meet regularly with the employee to ensure that the accommodation is working.