We each play a role in supporting and encouraging inclusivity. While many of us agree on this as a moral imperative, the Ontario Human Rights Code highlights the legal obligations owed by organizations, including employers, to protect inclusion. One important aspect of this is the duty to accommodate, which requires such organizations to accommodate the needs of people with disabilities who are adversely affected by a requirement in a way that promotes their integration and full participation. A duty to accommodate exists to the point of undue hardship, or to the extent that the person with a disability would not be able to complete an essential requirement even with the accommodation.
The duty to accommodate includes both a substantive and a procedural component. It is perhaps tempting to believe that the duty to accommodate has been discharged by focusing on whether the requested accommodation can be delivered (substantive component); however, the process of assessing the request for accommodation is equally as important and requires a contextual and individualized approach. A fulsome investigation of the accommodation request, consideration of alternative approaches, and transparency as to how the involved parties have fulfilled their obligations are all important factors in considering whether a duty has been appropriately discharged. Organizations and their representatives should be reminded that an overarching respect for dignity is inherent to the legislation and to the discharge of their duty.
There are many implicit factors that can impact our abilities to address a request for accommodation, including bias. To this end, designated personnel or diverse committees with formalized processes are useful strategies to ensure your organization is equipped to equitably discharge such duties. For more information, the Ontario Human Rights Commission is an excellent resource: www.ohrc.on.ca
