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Posted by / 05-Nov-2017 02:17

The employee will be asked to provide a written request for accommodation, including the name and title of the employee, the disability, and the specific accommodation requested.The employee will also be asked to provide a medical statement to the Office of Employee Services within a reasonable time from the date of notification.But this much is clear to date: The duty requires more from the employer than simply investigating whether any existing job might be suitable for a disabled employee.Rather, the employer is expected to determine whether other positions in the workplace are suitable for the employee or if existing positions can be adjusted, adapted or modified for the employee.An employee who believes that he or she has been denied a reasonable accommodation, discriminated against on the basis of disability, or retaliated against due to an accommodation request may submit a complaint to the Office of Employee Services or may initiate a grievance in accordance with INT123, .8.1 An employee requesting an accommodation should notify his or her immediate supervisor as soon as practical and provide information on the nature of the disability.The footnotes from Professor Lynk's article have been removed from this publication. The Employer's Duty to Accommodate The essence of the duty is simple to state: Employers in Canada are required to make every reasonable effort, short of an undue hardship, to find an accommodation for an employee with a disability.Its outer boundaries, however, are much harder to determine.

Recent cases have said that the employer's accommodation efforts must be "serious", "conscientious", and it must demonstrate its "best efforts".Students, particularly with chronic health or mental health disabilities, may be subject to debilitating conditions that are episodic in nature and require the student to withdraw from their program for a period of time.Other students may find themselves devoid of energy or ineffective for certain parts of each day due to fatigue, pain, or powerful medication side effects.Consistent with the Supreme Court of Canada's direction in O'Malley, Central Alberta Dairy Pool, and Renaud, the initial burden is upon the employer to reasonably accommodate the employee's mental or physical disability.To prove that its accommodation efforts were serious and conscientious, an employer by law is required to engage in a three step process: First, determine if the employee can perform his or her existing job as it is.

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