Injuries and sicknesses resulting in disability and, potentially, time away from work happen to employees all the time requiring employers to develop a disability management process. This process is a series of coordinated stages to prevent, manage, and reduce workplace disabilities, alleviate issues of discrimination, and provide accommodations when required for employees returning to work after disability.
The employer’s role has evolved over time and includes managing the disability and accommodation process as well as collaborating with employees to problem solve and determine the best way to help them safely return to work and work effectively.
In both the U.S. and Canada, there are federal laws governing accommodations and disabilities:
- Americans with Disability Act (ADA)
- Covers employers with 15 or more employees and applies to all employers, including state and local governments, employment agencies, and labor organizations.
- Canadian Human Rights Act (CHRA)
- The CHRA applies to federally regulated employers in all Canadian jurisdictions.
Additional state and provincial laws are also in place to address discrimination issues and disability matters for workplaces.
In the recent International Foundation’s recent webcast, Smooth Transitions: Workplace Accommodations and Rights for Employees and Employers, speaker Melisa Joyal, Rehabilitation and Disability Management Consultant at Reclaim Rehabilitation Consulting Ltd., identified compliance issues and tips for employers administering reasonable accommodations.
During her presentation, Joyal identified collaboration and communication as key elements for employers, saying that, “Employers must consistently engage in communication with employees” in an ongoing and interactive process that allows for adjustments along with way. She also used several case studies to explain options for employers to plan and support employees during these situations.
What is an accommodation?
According to the ADA, “a reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process. These modifications enable an individual with a disability to have an equal opportunity not only to get a job but successfully perform their job tasks to the same extent as people without disabilities.” Most importantly, accommodations are case-specific and will vary depending on each situation and the needs of the employee.
Employers are required to provide reasonable accommodations that do not result in an “undue hardship” for the employer. According to the ADA, that means that accommodations that “would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business.”
Examples of reasonable accommodations are:
- modified work schedules
- alternative duties or a reduction in duties
- lifting limitations
- modifying equipment
- making physical changes to the workplace (e.g. installing a ramp)
- allowing a service animal in a business
- using assistive technology or specific computer software.
What is the duty to accommodate?
The CHRA establishes that every person has an equal opportunity in the workplace to be free from discrimination and it’s a legal obligation for employers to accommodate employee disabilities that do not create undue hardship to the employer. Some disabilities might be due to situations that are not readily apparent such as chronic pain, substance use disorders, mental health issues or sicknesses like cancer.
Best Practices for Employers
In both the U.S. and Canada, there have been numerous legal cases about employer responsibilities for accommodations. These serve as reminders that compliance is not a one-size-fits-all approach.
Joyal shared best practices for employers, including:
- Developing an interactive process that provides for clear communication between employers and employees
- Using an individualized approach
- Documenting a process for recordkeeping
- Training and educating managers and staff
- Determining consistent policies and procedures
- Regularly reviewing and evaluating the process
- Understanding confidentiality requirements.
Additional Resources
- Canadian Association for Supported Employment Toolkit
- Canadian Human Rights Commission: Developing a Workplace Accommodation Policy – A Template for Federally Regulated Employers
- Canadian Human Rights Commission: Workplace Accommodation Guide
- Americans with Disability Act (ADA) Accommodations
- Job Accommodation Network: Accommodation Topics
- Job Accommodation Network: What to Include in Your ADA/Accommodation Toolkit
To learn more about workplace accommodations, view the International Foundation’s webcast, Smooth Transitions: Workplace Accommodations and Rights for Employees and Employers.
Developed by International Foundation Information Center staff. This does not constitute legal advice. Please consult your plan professionals for legal advice.
