Toronto’s Trusted Lawyers for Disability in the Workplace

Our experienced team provides legal advice to employers about their scope of obligations under the law. We are proud to have helped many companies minimize their risk of liability over the long term.

Disability Management: Employer Responsibilities

Every employer has a different set of operational needs, as well as employees with varying levels of experience and ability. Employers have a legal duty to reasonably accommodate an employee’s health restrictions to the point of undue hardship.

Accommodation is an individualized assessment based on the employee’s medical limitations. The duty applies both to physical and mental health conditions, including anxiety, depression, as well as drug and alcohol addiction.

To help your business properly plan for and address accommodation issues, contact the experts at JPAK Employment Lawyers. Our knowledge of disability law is second-to-none.

What is Reasonable Accommodation?

Accommodation is not a ‘one-size fits all’ solution. It requires an individualized assessment of the specific needs of employees related to their job functions. Accommodations can include a leave of absence, changes to an employee’s work schedule, increased break times, a work from home arrangement, modified duties, or alterations to performance standards.

That said, it is important to note that an employer’s duty to accommodate does not necessarily mean they are required to provide employees with their ideal or preferred accommodation, simply a reasonable accommodation that enables meaningful participation in the workplace.

Reasonable Accommodation: A Two-Way Street

To reach a reasonable accommodation in cases of employee disability, employers can take comfort in the fact that they are not the only ones with important responsibilities. After all, employers cannot be expected to be familiar with their employees’ medical needs prior to being informed.

For a reasonable accommodation to be reached, employees also have a duty to cooperate in the accommodation process by providing their employers with adequate information pertaining to their medical restrictions. Only once that information has been shared are employers expected to make any required adjustments.