Example: A man presents his employer with a medical certificate stating that he was feeling «unwell» and needed time off. The employer has the right to request additional information to determine whether his condition is related to a disability. If this is the case, the employer may ask about the person`s limitations, the expected date of return to work, and whether the person could still be present at work with accommodations. Your favorite hosting isn`t always what you get. Other reasonable accommodation options should be considered, and if alternatives are proposed, you should seriously consider them. Tourist accommodation establishments must try to help a person who is clearly ill or perceived to be disabled by asking more about disability-related needs and by providing assistance and accommodation. [214] Even if an employer has not been formally informed of a disability, the perception of such a disability will require the protection of the Code. Accommodation conflicts are not uncommon. Indeed, the accommodation process is the search for reasonable and imperfect accommodation. People cannot agree on what is reasonable in the circumstances. The duty to accommodate has both a substantive and a procedural element. The accommodation assessment process (the process) is as important as the content of the accommodation (the accommodation provided).
[122] In a case involving the placement of a mental disability in the workplace, the Court stated: «Failure to consider the issue of placement, including what action, if any, might be taken, constitutes a breach of the `procedural` duty of placement. [123] For example, a worker with a disability is required to disclose sufficient information about the disability to allow the employer to determine the appropriate accommodation. The staff member should also assist in identifying and setting up suitable premises. In the rare cases where tourist accommodation can demonstrate that it legitimately needs more information about the person`s disability in order to provide accommodation (and not just disability-related needs), it may ask questions about the nature of the person`s illness, condition or disability[224] (e.g., whether it is a mental disability, , physical disability, learning disability?), as opposed to a medical diagnosis. There is a duty to accommodate a person in their pre-disability work whenever possible. However, it is recognized that this is not always feasible. Human rights jurisprudence recognizes that employers have a duty to consider other temporary and permanent work for individuals who can no longer remain in their position, even with accommodation. [158] This obligation includes careful consideration of positions and the provision of employment opportunities[159] that are within the functional limits of the individual. [160] There is no fixed formula for the placement of people identified by Code grounds. Each person`s needs are unique and need to be reconsidered when requesting accommodations. What might work for one person may not work for others.
A solution can meet one person`s needs, but not another`s. This means that an employer, landlord or service provider must provide accommodation, short of undue hardship. This means that a certain level of rigour in providing accommodation is acceptable. An employer, landlord or service provider cannot claim undue hardship simply because an apartment application, such as building a barrier-free washroom, would be expensive. Accommodation is expected to require some financial hardship. Example: A large employer implements a disability management program because it sees that a significant number of employees have a mental disability at some point in their working lives. Instead of expecting a staff member to provide medical records to support an accommodation request, they focus on their own assessment of the person`s needs and strengths. Only if the person`s needs are complex or they are not involved in the process is additional information obtained from a doctor. Through this approach, the employer maintains good relationships between employees and employers, and employees return to work earlier after a disability leave. [217] [121] CRPD, supra note 6 at sections 13(1), 24(2)(c) and 27(1)(i) respectively. «Reasonable accommodation» is generally covered by Article 5.
[179] See section 13.6.1 entitled «Duty to inquire about housing need» for more information. Organizations are not expected to diagnose a disease or «question» the health status of a person with a disability. A hosting provider does not have the right to substitute its own opinion for medical documentation. [225] Similarly, an organization may not require more confidential medical information than is necessary because it doubts that the person disclosed his or her disability based on his or her own impressionistic conception of what a particular disability should «look like». [226] The employer must seriously consider whether the employee could be accommodated short of undue hardship.