The duty to accommodate is a legal requirement- but it’s also a human imperative. At its core, it asks leaders to balance operational realities with empathy, ensuring workplaces respect the dignity and needs of every individual.
Accommodation is rarely straightforward. Every case is unique, and the wrong approach can create legal exposure and erode trust. Progressive leaders know that compliance is just the baseline. The real opportunity lies in using accommodation to strengthen culture, loyalty, and organizational resilience.
What is the Duty to Accommodate and When Does it Apply?
The duty to accommodate means making changes to rules, standards, policies, workplace culture, and physical environments to eliminate or reduce the negative impact that someone faces because of a protected ground. The goal of accommodation is to provide an equal opportunity for an individual or group to participate in any of the protected areas under Human Rights legislation.[1]
The duty to accommodate arises when an employer knows, or reasonably should know, of a need tied to a protected ground under Human Rights legislation, such as:
- Physical, invisible, or episodic disabilities such as:
- Mobility impairments
- Mental health conditions like depression and anxiety
- Neurodiversity (ie. Dyslexia or ADHD)
- Migraines
- Physical injuries, work-related or not
- Religious beliefs and practices
- Family status such as caregiving responsibilities
Employers also have a duty to inquire if signs suggest an employee may need support, even if no request is made. While the duty is not unlimited, undue hardship sets the boundary, it goes far beyond mere convenience.
What Information Can Employers Ask For?
A common challenge is knowing how much information is appropriate.
You can ask about:
- Duties the employee can or cannot perform
- Restrictions or limitations tied to the role
- Estimated timelines for recovery or accommodation needs
You cannot ask for:
- A diagnosis or detailed medical history
- Treatment plans or medication details
- Direct contact with a physician without consent
The focus should always be on functional ability, not condition. Respecting privacy builds trust and reduces legal risk.
What Does Accommodation Look Like?
Effective accommodations vary, but may include:
- Providing a leave of absence
- Modified duties or flexible hours
- Remote or hybrid work options
- Equipment or physical adjustments to the workspace
- Temporary role modifications during recovery
Accommodation is a shared responsibility. Employers must explore reasonable solutions in good faith, while employees must cooperate in the process. The accommodation process is most successful when everyone works together to come up with creative, flexible solutions.
Return-to-Work: Planning Matters
Accommodation doesn’t end with time away. Reintegration requires proactive planning, ideally before the employee’s first day back. Adjustments may include:
- Phased or flexible return schedules
- Modified duties or reduced hours
If the original job no longer exists due to business needs not related to the employee’s absence or accommodation, employers must explore alternate suitable roles in good faith. Documenting this process is critical. Consultation with an HR or legal professional is recommended.
Complex Scenarios: Where Leadership Is Tested
Not every case is straightforward. Challenges can arise when:
- Disability-related behavior affects workplace safety
- Downsizing impacts employees on leave
- Religious accommodations intersect with operational needs
- Employees resist returning despite accommodations
These are the moments where compliance alone isn’t enough. They call for thoughtful leadership, empathy, and a balance of legal and cultural considerations.
How Can We Show That We’ve Met Our Obligation?
Employers sometimes ask how they can “prove” they met their duty to accommodate. Key steps include:
- Documenting all discussions, offers, and rationales
- Ensuring a thorough inquiry and evaluation of the need, showing that multiple options were considered
- Demonstrating that refusal was due to undue hardship, not convenience [Legal guidance is recommended to make this determination]
- Being consistent with how accommodation requests are handled across the organization
Documentation is critical in defending against human rights or constructive dismissal claims.
Complex Situations and Leadership
Challenges arise when safety, operational needs, or competing rights come into play, for example, disability-related behavior that affects culture, or overlapping requests for religious accommodation. These are not just legal puzzles; they’re defining leadership moments. How they’re handled signals what your culture truly stands for.
These situations require careful balancing of rights, obligations, and the impact on others in the workplace.
Compliance is the Floor, Not the Ceiling
The duty to accommodate is not a checklist item. It is an ongoing, nuanced process that requires both legal awareness and human sensitivity. Each case must be assessed individually, and the stakes can be high if handled poorly.
If you are unsure about the limits of your duty, the type of documentation you can request, or how to manage a challenging scenario, seek HR and legal guidance early. Getting it right protects your organization and your people.
[1] Duty to accommodate at work | Alberta Human Rights Commission