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HR Advice – The Duty to Accommodate Disability for Employees

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Employee’s often struggle to effectively manage sickness absence, especially if the employee has a serious or chronic condition. All employer’s, regardless of size, have a legal duty to accommodate the needs of employee’s who have a disability and to give equal access to employees who are protected under the Ontario’s Human Rights Code. The duty to accommodate identifies that people have different needs and require different solutions. It means removing as many barriers that prevent people from gaining access and performing their daily work duties. An Employer cannot fire an employee based on their inability to perform work without first providing reasonable accommodations, up until ‘undue hardship’. Undue hardship means that accommodating the employee would place a significant difficulty or expense on the employer. The Code only considers cost, outside sources of funding or health and safety as main reasons for the cause of undue hardship. Undue hardship does not apply, because it would be inconvenient to the business, customer/staff complaints, rigid contracts or collective agreement or other peoples opinion.

How Peninsula Can Help:

Our 24/7 advice line isn’t just for emergencies; it’s for the everyday question, too. If you have questions about labour laws or employee and employer rights, just pick up the phone and call Peninsula at 1-833-247–3652. It’s a number you won’t forget. Because 24-7365 days a year of employment-related advice and all around employer support, is our promise to you. Call us today, it’s a complimentary service.

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