Workplace Accommodation:  An Employer’s Duty in the COVID-19 Era

Meeting the accommodation needs for employees is a critical duty for all organizations and, with the heightened risk during the pandemic, this obligation can be very challenging for many employers.  Yet every employee has a right to accommodation in the workplace and is protected from discrimination under certain grounds.  How can employers ensure they are meeting their legal duties in such a changing and novel work environment?  What are the key issues employer’s need to be aware of as they respond to employee’s changing needs?

• Examine the nuances of an employer’s accommodation duties in the pandemic setting

• Workplace vs remote setting and employer obligations
- Families and elder care

• What qualifies as a disability?

• Discuss the boundaries of undue hardship in the COVID era

• Employee complaints and how to react

• What evidence can an employer require from employees?

• Examine rulings from tribunals and courts

• Provincial guidance from Human Rights Commissions

• Updating policies and protocols

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