Calgary Workplace Accommodations Lawyers
Collaborative Legal Counsel in Alberta and Beyond
In Alberta, the duty to accommodate an employee for a disability can be triggered with a formal disclosure of the disability. If a company or organization has knowledge of or reasonably should be aware that there might be a relationship between a disability and an employee’s job performance, then the employer has a positive duty to inquire whether such a relationship exists before taking any disciplinary action or terminating the employee. The employer’s duty to inquire is generally triggered in situations where an employee has a disability that is not immediately obvious.
If an employer determines an employee’s performance issues are the result of a mental disability, they must give the employee a meaningful opportunity to identify their condition and ask for assistance or accommodation. Employers can facilitate this by holding a meeting with the employee to discuss the performance issues, allowing the employee to raise (or not to raise) the need for accommodations.
Can My Employer Request Medical Information If I Ask for Accommodations?
Employers can ask an employee to present reliable evidence of their disability and how it prevents them from performing certain job-related duties or tasks. If the employee wants to claim the right to accommodation, then they must provide sufficient and reliable evidence of their disability, such as personal medical information, as long as it is requested in good faith. The type of medical information requested by employers should be limited to:
- Information that can confirm the existence of the condition
- Information that can help the employer understand the type of limitations associated with the disability
- Information that can help the employer understand how to enact functional accommodations for the employee
What Are the Consequences If an Employer Fails to Accommodate?
Employers must make considerable effort to find appropriate accommodation for an employee. If the employer fails to provide reasonable accommodation and it creates an undue hardship for the employee, then the employee can file a complaint with the Human Rights and Citizenship Commission under the Alberta Human Rights Act.
Contact Our Lawyers for Help Defending Your Labor Rights
If your employer has failed to properly perform their duty to accommodate your disability in the workplace, then please call our Calgary employment attorneys at Guardian Law Group LLP immediately so we can get to work on your case. Our firm is committed to helping employees resolve these complicated employment law matters involving human rights, constructive dismissal, and wrongful dismissal, and we have the resources and knowledge you need in your corner to protect your best interests throughout the legal process.
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