Duty to Accommodate
The duty to accommodate refers to the obligation of an employer or service provider to take measures to eliminate disadvantages to employees, prospective employees or clients that result from a rule, practice or physical barrier that has or may have an adverse impact on individuals or groups protected under the Canadian Human Rights Act or identified as a designated group under the Employment Equity Act. In employment, the duty to accommodate means the employer must implement whatever measures necessary to allow its employees to work to the best of their ability. In the provision of services, the provider must implement whatever measures necessary to allow clients to access its services. Unions are also obligated to facilitate the accommodation of the needs of their members by not impeding the reasonable efforts of the employer to accommodate an employee. The duty to accommodate recognizes that true equality means respecting people’s different needs. Needs that must be accommodated could be related to a person’s gender, age, disability, family or marital status, ethnic or cultural origin, religion or any of the other human attributes identified in the two federal acts.
–Excerpt taken from the Government of Canada’s “Canadian Human Rights Commission” website
This page explores the history of Duty to Accommodate, and how it became an important part of human rights legislation.
History of Duty to Accommodate
This document describes the process of establishing a Prima Facie case, one of the first steps in establishing a bona fide case of discrimination.
Establishing a Prima Facie Case of Discrimination
Once a prima facie case is established, the employer may defend the discriminatory standard by proving that it is a bona fide occupational requirement.
Proving a Bona Fide Occupational Requirement
This page describes the different categories of currently recognized disabilities with reference to specific cases throughout history.
Discrimination of the Basis of Disability
The following article discusses the Moore case at length, and summarizes the key points that are expressed in the document, focusing on the rulings effect on learning disabilities.
Educational Implications of recent Supreme Court ruling
This article is from the Library of Parliment, and it offers a comprehensive discussion of Duty to Accommodate, in many different contexts, as well as discussing related court cases which have contributed to our current understanding of Duty to Accommodate in Canada.
An Examination of the Duty to Accommodate in the Canadian Human Rights Context
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This article was taken from the business advice section of the Kelly Santini Law website. The article offers a quick overview of the Moore case, then applies the ruling to a business context, offering a quick introduction to how Duty to Accommodate might function in the workplace.
Lessons in ‘Duty to Accommodate’ for Employers
The Meiorin Case is the Supreme Court of Canada case that created a unified test to determine if a violation of human rights legislation can be justified as a bona fide occupational requirement.
This article looks at the history of Duty to Accommodate, and how the new ruling will affect the school system.
The Moore Decision-Meaningful Access Including Range of Placements
1. Under section 4 (1)(b) of the NB Human Rights Code, employment-related discrimination on the basis of the following characteristics, known as the "prohibited heads of discrimination", or sometimes the "protected human rights characteristics, is illegal:
•race/colour/national origin/ancestry/place of origin;
•political belief or activity
©Conni Kilfoil, Equality Representative, Canadian Union of Public Employees -firstname.lastname@example.org