As most know, Springboard’s global work includes working with companies located in #Canada. We received an inquiry this week relative to making #accommodations for employees with #disabilities. Specifically, the Human Resources professional was trying to understand the difference between applying the #OntarioHumanRightsCode versus The #WorkplaceSafetyandInsuranceAct, when someone requests an #accommodation. I thought it might be beneficial to share what we shared with this company.
The “Code” requires an #employer to accommodate an employee who has a disability to the point of #unduehardship. What this means is, as a result of taking into consideration the employee’s restrictions and/or limitations (physical or otherwise), you, the employer either modify the employee’s current job or find other work that meets the employee’s abilities, in as similar a job as possible to their current job.
The “Act” comes into play when an employee is injured in the course of employment and the employer is subject to the Act (most employers are). It requires employers to provide suitable modified duties, a standard not as high as the duty to accommodate under the Code. Such a modification may mean adjusting work hours, productivity standards, etc.
Can there be situations where both the Code and the Act apply? Yes, and in such cases, the best course of action is to provide the accommodation under the guidance of the Code which is the higher of the two standards; always a good practice for #riskmitigation.
Want to know more? Contact #SpringboardConsulting by email, firstname.lastname@example.org, or by phone, 973-813-7260. We can work with you to make the end to end process of reasonable accommodations fair, equitable and simple.
This information should not be construed as “legal advice” for a particular set of facts or circumstances. It is intended only to be a practical guide for participants familiar with this subject. Users should seek appropriate legal advice tailored to address their specific situation.