What are the responsibilities of the worker being accommodated?

The worker requiring accommodation has the following responsibilities:

  • to identify and communicate the need for accommodation, if possible;

  • to inform the employer of any changes to the accommodation needs;

  • to collaborate with the employer and the union to find the most appropriate accommodation, if possible;

  • to communicate with the Union and the employer;

  • to offer reasonable explanation for refusal to accept the proposed accommodation, where possible. Note: the employee is not entitled to insist on their ideal or perfect accommodation; if the employer proposal is a reasonable accommodation then the employer has met its obligation; and

  • to supply job-relevant medical information (non-diagnostic information only, such as their functional limitations and capabilities),).

While the worker has a requirement to be cooperative and assist in identifying and implementing an appropriate accommodation, the final bullet above is very important. There is no legal requirement to reveal a diagnosis and, in some cases, the worker may wish to keep the diagnosis private due to current social stigmas, (i.e. substance addictions, psychiatric illness, etc.). See Q-16 on Medical Information.

September 18, 2013