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Duty to Accommodate Special Report

An employer is generally not entitled to an employee’s detailed medical information such as diagnosis, cause, or treatment unless the information is relevant to the accommodation requested, or the employee’s needs are complex or unclear and the information is necessary to proceed. The employee has an obligation to cooperate and participate in the accommodation process, while recognizing that obtaining medical assessments and reports may be challenging. Once the employee has provided information to substantiate a disability and identify the associated limitations or restrictions, the parties (including the union in a unionized workplace) can explore the possible accommodation options.

Many employers are taking proactive steps to promote the health and wellbeing of their workforces and to assist employees to cope with social isolation, anxiety and stress. In this report we have outlined 10 situations related to an employers’ duty to accommodate along with a question for each scenario to test your knowledge. You will also find an explanation as to why it is correct and not the other answers.