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Workshop on Duty to Accommodate Policy


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Step 3. Make An Informed Decision

Now that the situation has been defined and assessed, a decision must be made. Steps 1 and 2 will help determine the criteria to use for the decision and the boundaries for the decision. These criteria must be clear and easy to communicate to others who might be interested in the outcomes or the process used to reach those outcomes. If not, then the issue must be redefined and clarified before going on.

  1. The person needing accommodation is expected to:
    • Allow a reasonable amount of time for the employer or service provider to reply to the request for accommodation;
    • Listen to and consider any reasonable accommodation options that the employer or service provider proposes;
    • Consult an expert such as a human rights officer, human resources officer, union representative or lawyer if it is difficult to determine if the proposed options are reasonable.
  2. The employer is expected to:
    • Consult an expert such as a human rights officer, human resources officer, or lawyer if more information is needed to assess the request;
    • Be flexible and creative when considering and developing options;
    • Discuss options with the person who needs accommodation;
    • Take reasonable steps to accommodate the person seeking accommodation to the point of undue hardship. If full accommodation is not possible without undue hardship, the employer must suggest options that may partially meet the needs of the person seeking accommodation;
    • Reply to the request for accommodation within a reasonable period of time;
    • Make a formal agreement with the person seeking accommodation, preferably in writing, and ensure that the accommodation is given a fair opportunity to work.
  3. Who will be involved in the decision-making?
    • Will the employer make the decision on their own, make the decision after consultations, or collaborate with others?
    • Who will be involved and how?
    • The answers to these questions will send a message to others about what is meant by "inclusion" in this organization.
  4. What are the options?
    • Can the existing job or work environment be modified without causing undue hardship?
    • Are other suitable jobs available?
    • Is the person needing accommodation qualified? If not, how much training and development is required? Is this feasible?

    Note: An employee should continue to receive the same rate of pay they received before the accommodation, unless their duties have changed significantly or the employer would experience undue hardship to maintain their rate of pay.

  5. What are the likely impacts of this decision?

    A decision about accommodation means change, and change has implications on others - gains and losses.

    • What are these implications?
    • Will productivity and quality of work be affected?
    • How will others likely respond, and how will this be managed?
    • What needs to be in place to give this a good chance of working?
    • How, if at all, does this influence the proposed decision?

    See PSC Publications, "Strategic Thinking" www.psc-cfp.gc.ca/research/knowledge/strathink_e.htm

    For major decisions with higher risk, see Health Canada's Decision Making Frameworks: www.hc-sc.gc.ca/hpfb-dgpsa/hcrisk_tc_e.html

Step 4. Communicate The Decision

This step can range from documenting the accommodation process privately, to holding a meeting to announce any changes that will impact on other employees. While the issues of dignity, privacy and confidentiality remain paramount, others need to know if they have new responsibilities, schedules, desk locations, etc.

  1. Develop a communication strategy.
    • Who is the audience?
    • What do they care about most? Communications must be made in terms that address the interests of the audience.
    • What do they need to know and not need to know?
    • What message do we want to communicate?
    • What is the most effective way to deliver this news?
  2. What if the accommodation is denied?

    Employers are expected to:

    • Provide details that justify a refusal to accommodate, if accommodation is not possible because it poses undue hardship or because of a bona fide occupational requirement;
    • Consult an expert such as a human rights officer, human resources officer, or lawyer before making a final decision.

    Persons being denied accommodation are recommended to:

    • Request details and evidence that supports the employer's claim of undue hardship or bona fide occupational requirement. Provide more details about your needs if such information is helpful;
    • Consult an expert such as a human rights officer, human resources officer, union representative or lawyer if the rationale given does not seem reasonable.

    Annex A Guideline: "Persons who are denied accommodation may also wish to use the recourse mechanisms set out in the Public Service Employment Act, or contact the Canadian Human Rights Commission."

Step 5. Implement and Monitor The Decision

Often the monitoring of progress is neglected. An effective action plan to implement an agreement not only includes the usual answers to the questions - who? what? where? when? how? - but also the plan for follow-up. This follow-up is intended to celebrate successes, adapt to new circumstances, and learn from what needs improving. Follow-up plans need answers to:

  • When and how will we evaluate progress?
  • What evidence will indicate that the accommodation is working?
  • How do we wish to be held accountable?
  1. Persons receiving accommodation are expected to:
    • Cooperate to make the agreement work;
    • Advise the employer or service provider of changes in accommodation needs and attempt to agree on a modified accommodation arrangement;
    • Be willing to review and modify the accommodation agreement if circumstances or needs change and the agreement is no longer working; and
    • Tell the employer or service provider if the need to accommodate ends.
  2. Employers providing accommodation are expected to:
    • Follow up to ensure that the accommodation meets the needs of the person seeking accommodation;
    • Be willing to review and modify the accommodation agreement if circumstances or needs change and the agreement is no longer working; and
    • Document and report accommodations, and be willing to share best practices in a confidential manner.


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