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A Place for All

A Place for All: A Guide to Creating an Inclusive Workplace

©Minister of Public Works and Government Services 2006
Cat. No. HR21-62/2006
ISBN 0-662-49503-9

This publication is also available in .pdf format

Table of Contents

INTRODUCTION
PART 1: Questions and Answers about the Duty to Accommodate
PART 2: Policy Guide
PART 3: Procedures Guide
PART 4: Individual Accommodation Procedures Guide
APPENDIX A — Sample Form
APPENDIX B — Key Court Decisions
APPENDIX C — List of Useful Resources

This Guide is not a policy statement on what constitutes effective accommodation or what amounts to undue hardship. Rather it is designed to assist employers in developing their own accommodation policies.

INTRODUCTION

The Canadian Human Rights Commission (CHRC) encourages all employers to develop, in consultation with their employees, their own workplace accommodation policies and procedures. The implementation of such policies and procedures allows employers to provide an inclusive workplace, respond effectively to individual accommodation needs, fulfill their responsibilities under the Canadian Human Rights Act and the Employment Equity Act, and minimize the likelihood of complaints of discrimination.

To assist employers¹ in understanding their legal obligations regarding the duty to accommodate, and in creating workplace accommodation policies and procedures, the Commission has developed this Guide, which is divided into the four following sections:

1) Questions and Answers about the Duty to Accommodate: This first section provides basic information on the concept of duty to accommodate and some general background information on the related legislation.
2) Policy Guide: This second section sets out the elements of a model policy on workplace accommodation, listing seventeen elements for each of which an explanation is provided as well as sample wording that can be used in an employer’s policy.
3) Procedures Guide: This third section is intended to help employers set up procedures for analyzing their programs and activities. Such an analysis is intended to ascertain if an employer program or activity will give rise to discriminatory barriers.
4) Individual Accommodation Procedures Guide: This fourth section suggests procedures, containing six key elements, for responding to requests from a specific employee for individual accommodation.

To help employers formulate each of the elements of their workplace accommodation policies or procedures, the Guide proposes useful questions that can be asked by employers when developing policies or procedures or when checking their final content. Comments providing additional information that will clarify the law or explain the points being proposed and sample wording for policies or procedures are also included. Organizations wishing to use the sample wording as a model for developing their own policies and procedures will have to adapt the text to suit the size, function and structure of their organization, and to correctly identify the positions responsible for each element of the policy or procedure. Where the Guide proposes that responsibility for action be assigned to a person occupying a particular position, that position is identified in brackets, e.g.:

"[Manager of Human Resources] to emphasize that organizations should name the appropriate person for accountability purposes. The lines of authority followed in the sample have the [Manager of Human Resources] reporting to the [Director of Corporate Services], who in turn reports to the [Head of Organization]."

While this Guide will be periodically renewed to reflect emerging legislation and case law, it is not a substitute for legal advice. Employers should consult with a lawyer if they have questions about the legal requirements regarding the duty to accommodate.

1 This Guide has been developed for organizations in their role as employers and service providers. Service providers must keep in mind that their legal obligations extend to their customers and clients.