What do I do if my employer does not accommodate me?

  • If you are denied accommodation or it is being unreasonable delayed, you may file a grievance. The grievance can be based on specific or general “No Discrimination” language in the collective agreement. A grievance can also refer to the human rights legislation that applies to your workplace.

  • At the same time, while the workers’ rights are protected by filing a grievance, it is often productive to enter into a problem-solving mode with the employee and the union. The union should attempt to initiate discussions with the employer through this more informal route.

  • It is important to note that there are time limits to file grievances so a grievance should be filed immediately when the employer has denied your accommodation. If complaints are not filed in a timely manner, there is no guarantee that the grievance will be accepted by the employer or that you will get the remedy you seek But accommodation issues are often ongoing and it’s hard to know when is the right time to file a grievance. If you are in doubt about whether you have a valid human rights grievance, or whether the grievance is timely, then you can still file it. . Speak to your union representative, who can provide advice and specific wording for a grievance.

  • A discrimination complaint may also be made to the human rights commission under the human rights legislation that applies to your workplace . Note however, that most human rights commissions will not proceed with a human rights complaint if the worker has the grievance process available to them to deal with the matter. There are also time limits to file human rights complaints. For more information, contact the human rights commission or tribunal that applies to your workplace (e.g. federally, the Canadian Human Rights Commission, or the provincial/territorial human rights commission that applies to you). .

  • Complaints may also be made under Workers’ Compensation legislation if the accommodation is related to a workplace injury. Contact your Component Office or PSAC Regional Office for assistance in determining the best route.

September 18, 2013