Accomodating differences

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In these situations, an employer may be faced with a duty to accommodate those employees.The “duty to accommodate” flows from courts’ interpretation of Human Rights legislation.However, as diversity increases, so too do the differences between employees.While most of these differences present themselves without difficulty, occasionally, workplace rules or managerial perceptions can restrict the ability of certain employees to perform job tasks.

Kids might get extra time to complete assignments or be allowed to complete them in a different format.An employers’ obligations are significant and require managers to clearly demonstrate their attempts to accommodate the employee.Thoughts and beliefs will not discharge the duty, an actual investigation of alternatives and adjustments must be performed.For example, in British Columbia Maritime Employers Assn. International Longshore and Warehouse Union, Local 500 (Dhillon Grievance), the arbitrator found that the employer was not required to allow employees to work in positions without a hard hat where one was required by policy.In this case, the employer’s process for accommodating such employees by providing them access to other jobs (even if those jobs were preferred positions) satisfied its duty to accommodate.

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