Accommodation and Undue Hardship

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Questions and Answers

What must be demonstrated to justify an undue hardship in accommodating an employee's religious beliefs?

The accommodation would be easily manageable within existing policies.

The accommodation would significantly alter the organization's operation. (correct)

The employee chooses not to comply with standard practices.

The employee's request is deemed unreasonable regardless of impact.

Which of the following is an example of a reasonable accommodation for an employee's pregnancy?

Requiring the employee to work overtime regularly.

Limiting the employee's access to health benefits.

Implementing flexible work schedules and break times. (correct)

Offering a permanent position with increased responsibilities.

What is a key factor in determining whether a request for accommodation based on family status is valid?

The degree to which the accommodation affects coworkers.

The employee's ability to meet all work requirements without changes.

The potential financial impact on the organization.

The legal precedents regarding family responsibilities and work arrangements. (correct)

Which case highlighted the need for accommodating an employee's religious practices in the workplace?

Friesen v Fisher Bay Seafood Signup and view all the answers

How has the legal stance on age discrimination changed with respect to mandatory retirement?

Mandatory retirement was banned as it does not meet the Charter’s test of minimal impairment. Signup and view all the answers

What constitutes undue hardship in accommodations?

Onerous conditions or intolerable costs Signup and view all the answers

Which factor is NOT considered when assessing undue hardship?

Employee's personal preferences Signup and view all the answers

When fulfilling the duty to accommodate a disability, what is the first step an employer should take?

Gather medical information with consent Signup and view all the answers

Why is it important to document all facets of the accommodation process?

To provide evidence of the decision-making process Signup and view all the answers

What is the requirement of an employer when dealing with substance abuse as a disability?

To provide consistent support for rehabilitation Signup and view all the answers

At what stage should medical testing be conducted in the employment process?

At the conditional offer stage Signup and view all the answers

In the context of employment, what does the term 'purely recreational use' refer to?

Non-disability-related use of drugs or alcohol Signup and view all the answers

Which of the following should be considered when assessing the morale of other employees during accommodation?

If there are any morale problems related to workplace changes Signup and view all the answers

Which of the following is NOT a fundamental principle of accommodation?

Standardization Signup and view all the answers

What is a common misconception about the duty to accommodate an employee with a disability?

Employers can refuse any accommodation request without consideration Signup and view all the answers

What is required if a pre-employment drug test comes back positive?

Determine if it is due to a disability Signup and view all the answers

What must employers ensure regarding drug and alcohol testing in recruitment?

Testing must follow the guidelines set for disabilities Signup and view all the answers

Which statement best describes 'undue hardship' in the context of accommodations?

Substantial difficulty or expense in providing accommodation Signup and view all the answers

Who shares the obligation of accommodation in the workplace?

Employer, employee, and union Signup and view all the answers

Which of the following conditions must be met for pre-employment medical tests to be conducted?

They must be related to bona fide occupational requirements Signup and view all the answers

Pre-employment drug testing is generally advised against because it does not predict what?

On-the-job impairment or job ability Signup and view all the answers

Study Notes

Undue Hardship

Not defined in legislation
Occurs when accommodation creates onerous conditions, intolerable costs, or serious disruption.
Factors considered when determining undue hardship:
- Financial cost
- Size and resources of employer
- Disruption of operations
- Morale problems of other employees
- Substantial interference with rights of other individuals or groups
- Interchangeability of workforce and facilities
- Health and safety concerns

Duty to Accommodate Disability

Gather medical information (with consent) to determine functional abilities
Consult with employee, supervisor, union
Modify the employee’s current job requirements if possible; if not, assess other available jobs
Assess undue hardship of proposed accommodations
Implement accommodations
Monitor frequently
Document all facets of the accommodation process including:
- Alternatives considered
- Reasons the alternatives were not accepted.
Maintain confidentiality throughout.

Duty to Accommodate Substance Abuse

Substance abuse is a disability
Purely recreational use of drugs or alcohol is not a disability
Accommodation usually means offering rehabilitation or time off to attend a program
Employer is not required to accept ongoing, lengthy absences unrelated to the rehabilitation
Be consistent and persistent
Condoning substance abuse can be considered a breach of the duty to accommodate other employees
- Last Chance Agreements

Duty to Accommodate Religious Beliefs

Religion or creed
Dress codes
Religious days off
- Modification of work schedules
- Requiring an employee to refrain from preaching during work hours may be a BFOR
Break policies

Duty to Accommodate Pregnancy and Family Status

Sex (pregnancy)
- Temporary relocation
- Modified duties
- Flexible work schedules and break times
Family Status
- Employer must accommodate "family status" reasonably
- Does the duty to accommodate family status include eldercare?

Duty to Accommodate Age

Social and legal shift in attitude about age discrimination
Older workers may need to work for social or financial reasons
Older workers make valuable contributions
Previous cases justified age discrimination as justifiable for economic reasons and to ensure workforce “renewal”
- Mandatory retirement
2008 BC Code amended to prohibit mandatory retirement
- Mandatory retirement does not meet Charter “minimal impairment” test

Conditional Offers of Employment

No contract of employment exists when a conditional offer is made by an employer until those conditions have been fulfilled by the candidate
Conditions may allow the employer to gather information from the candidate that, earlier in the recruitment process, would have been forbidden by the Act
Information that should be requested only after a conditional offer:
- Copy of a driver’s license
- Work authorization from immigration
- Social insurance card
- Transcript or copy of professional credentials
- Requests for medical or health information

Pre-Employment Medical or Fitness Examinations

Any form of medical testing:
- Must be left to the conditional offer stage
- Must be a bona fide occupational requirement (BFOR)
- Must be performed on every candidate
- Employer must maintain confidentiality of test results

Pre-Employment Drug and Alcohol Testing

Drug or alcohol dependence is a disability
Testing in and of itself is not prohibited
Best advice is not to conduct pre-employment drug or alcohol testing.
Pre-employment screening does not measure on-the-job impairment or predict the candidate’s ability to do the job
If you test and it comes back positive, it triggers:
- The responsibility to determine if it is due to a disability
- The requirement to accommodate to the point of undue hardship.

Duty to Accommodate

Fundamental principles of accommodation in the context of human rights law:
- Individualization
- Dignity
- Inclusivity
Accommodation is a shared and ongoing obligation:
- Employer
- Employee
- Union

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Description

Explore the concepts of undue hardship and the duty to accommodate disability in the workplace. This quiz covers the factors that contribute to determining undue hardship and the steps necessary for implementing accommodations for employees with disabilities. Assess your understanding of the obligations and processes involved.