Checklist for accommodation on the basis of disability

Is there a disability?

  • Medical evidence may be necessary

What is the extent of the disability?

  • Medical evidence about the nature and restrictions/limitations

  • Ensure medical evidence links restrictions and accommodation to job requirements

  • A physical demands analysis of the job may be provided to the physician or other experts

  • Follow-up if medical evidence is inadequate or inaccurate

  • Voluntary written consent of employee to release medical information relevant to the accommodation (not a release of all medical information that does not pertain to the accommodation needs)

Can the employee’s own job be modified short of undue hardship?

  • Work and workplace redesign and reconfiguration of tasks

  • Alternative schedules and hours

  • Reassignment and other available jobs

  • Use of equipment, assistive devices

  • Temporary rehabilitative assignments

Has a thorough review of other “available” positions or modified duties been conducted?

  • Inside the bargaining unit

  • Inside the department

  • Outside the bargaining unit

  • Outside the department

Is the employee meeting their obligations?

  • Information about the extent of restrictions and the nature of accommodation needed

  • Job modification suggestions

  • Written consent to release medical information (relevant for the accommodation)

Is the union meeting its obligations?

  • Facilitating the accommodation process

  • Assessment of any collective agreement restrictions

  • Proposals of any necessary modifications to collective agreement rights

  • Consideration of impact on rights of others

  • Consideration of confidentiality and privacy rights

Are the means of accommodation consistent with the dignity requirement?

  • Are there other methods of accommodation available, which would better promote dignity without imposing undue hardship?

Is there a process for ongoing review of the effectiveness of accommodation?

  • any changes in circumstances which would impact the availability of accommodation

  • regular and consistent monitoring is important

  • input from employee, employer, medical professionals and union

Is there documentation of each stage of the process?

  • Personnel Records (i.e. absenteeism record)

  • Information from the employee

  • Medical information

  • Notes of interviews and telephone calls

  • Record of accommodation discussions with the union, employee and employer

  • Record of alternative or modified duties and positions available

  • Record of modified duties, alternatives considered and scope of modifications

  • Record of all costs, safety risks with alternatives

  • Record of why accommodation and alternatives were accepted or rejected

If the employer says an accommodation causes undue hardship, have they shown:

  • Significant costs that would harm the organization?

  • Signficiant health and safety problems with the accommodation (considering the dignity of risk)?

  • Any other relevant factors that are required by law? (see the human rights legislation that applies to your workplace)

September 18, 2013