Directive on the Duty to Accommodate
Provides direction to managers and heads of HR on their obligations with respect to duty to accommodate, with the objective of developing an inclusive, barrier-free workplace in which all persons have equal access to opportunities in the core public administration.
Date modified: 2021-07-16
Appendix: Mandatory Procedures for the Duty to Accommodate
A.1 Effective date
- A.1.1These mandatory procedures take effect on April 1, 2020.
A.2 Procedures
- A.2.1These mandatory procedures provide details on the requirements set out in section 4 of the Directive on the Duty to Accommodate.
Candidates seeking employment
- A.2.2With regard to subsection 4.2, the mandatory procedures for managers when dealing with candidates are as follows:
- A.2.2.1If, after being informed of their right to accommodation under the Canadian Human Rights Act, a candidate identifies an accommodation need, clarify with the candidate the nature of the barrier and the associated implications;
- A.2.2.2Obtain from the candidate the necessary information and documentation about any limitations or restrictions and, if applicable, any relevant professional assessments or recommendations;
- A.2.2.3Consult appropriate subject matter experts with regard to the accommodation measure(s), if required;
- A.2.2.4Inform the candidate about the proposed accommodation measure(s); and
- A.2.2.5Retain a record of the accommodation requested and provided in the appropriate departmental records.
Persons employed
- A.2.3With regard to subsection 4.2, the mandatory procedures for managers of persons employed are as follows:
- A.2.3.1If a person employed has indicated a work-related need, clarify the nature of the barrier and the associated implications with the person employed;
- A.2.3.2Determine in consultation with the person employed whether the work-related need can be addressed without resorting to a formal request for accommodation, e.g., temporary change in hours of work, alternate work location, no costs associated with solution;
- A.2.3.3Obtain from the person information and documentation about any limitations or restrictions and, if applicable, any relevant professional assessments or recommendations;
- A.2.3.4Request additional information from the individual or obtain the individual’s consent prior to seeking information from a medical practitioner or other relevant third party, in support of a request for accommodation;
- A.2.3.5Consult internal subject matter experts with regard to the accommodation measure(s), including any related implications (e.g., security, technology, financial), if required;
- A.2.3.6Work with employee representatives when accommodation affects other individuals or if the person employed being accommodated requests that employee representatives be consulted;
- A.2.3.7Inform the person about the proposed accommodation measure(s);
- A.2.3.8Provide training to individuals who have been accommodated on the use of any adjusted equipment or systems;
- A.2.3.9Communicate information about the accommodation with the individual’s colleagues only when necessary and only with the consent of the individual;
- A.2.3.10Retain a record of the accommodation requested and provided in the appropriate departmental records; and
- A.2.3.11Allow persons employed to retain technical aids, equipment and support materials if they move to another position in the core public administration and still require that accommodation.
- A.2.2With regard to subsection 4.2, the mandatory procedures for managers when dealing with candidates are as follows: