Accommodation in the Workplace: Meeting the Needs of Employees in British Columbia
- Evan Johnson
- Nov 1, 2024
- 7 min read
Workplace accommodation ensures fair and equitable access to employment for employees facing barriers due to health conditions or disabilities. Many employees and employers, including managers and supervisors, are unaware of how to navigate their rights and responsibilities regarding work-related accommodations.
This is why it is so important for vocational rehabilitation professionals to advocate for their clients needs and interests, while also collaborating with employers to assist them with learning how to improve employment equity within their businesses and organizations. This can positively contribute to building fairness and inclusivity in workplaces.
This article will briefly review and summarize some of the important points to consider with workplace accommodations, including: what are accommodations, legal responsibilities and rights, examples of accommodations, barriers and challenges, disclosure, misconceptions, benefits, and important steps in the process.
What are workplace accommodations?
According to the BC Office of the Human Rights Commissioner (BCOHRC), "Employers who modify work conditions to match peoples' needs or experiences associated with one or more of their protected characteristics can support people to:
Enter the workforce
Stay at work
Advance at work
Have a better work experience
These changes are called accommodations and they make workplaces more equitable."
The BC Human Rights Code is a provincial law based on legislation intended to protect people from discrimination. We all have the right to be free from the adverse impacts or harms that can result from discriminatory practices in our employment. We are protected based on a number of grounds or characteristics, including disability. There are accommodations required of employers by human rights law and there are accommodation policies that employers can be proactive with making.
Legal Responsibilities and Rights with Accommodations
Employers are responsible for accommodating employees and candidates who apply for jobs. They have a duty to address barriers faced by employees in their workplace based on aspects of their identity, such as disability, which are protected by the human rights code.
If a worker has identified a barrier, such as a disability, requested an accommodation, or if the employer has reason to believe a worker needs an accommodation, then the employer may have a duty to inquire if an accommodation would help (without being asked) or to respond by providing reasonable accommodations.
If an employer is concerned they may not be able to accommodate a worker, then they are responsible to obtain evidence or facts relevant to the situation and explore possible accommodations. They should do this by communicating respectfully with workers; working to put reasonable accommodations in place; and repeating the process for each time an accommodation is required.
An employer is required to accommodate up to the "point of undue hardship." This is based on facts and dependent on relevant circumstances. It could be considered an undue hardship to the employer if it creates "significant health and safety risks for the worker or others (such as customers or employees); if the "financial cost of the accommodation is unaffordable"; or if there are "no opportunities to accommodate a worker." Regardless, employers must first explore the options thoroughly.
Employees or workers have the right to request reasonable accommodation and are responsible for cooperating with the employer to find a reasonable accommodation. This could involve sharing information about their needs, accepting reasonable options, and continuing to communicate with the employer to develop and implement an accommodations plan.
It is only necessary for an employee to share information to help the employer understand the limitations and restrictions experienced in relation to the job duties. If the accommodation the employer offers is reasonable (not perfect), the employee may not be entitled to their preferred solution. If an employee's needs change over time based on their circumstances and work situation, it is important to notify the employer so the accommodation can be adjusted or modified appropriately.
If there is disagreement between the employee and employer about the information needed during the process, the employee may want to consider seeking independent legal advice. One area where disagreement can occur, is with coming up with ideas for specific workplace accommodations. Next, let's look at some examples of workplace accommodations.
Examples of Workplace Accommodations
Various accommodations can be tailored to meet the unique needs of individuals. These can include the following:
Environmental modifications (with furniture, ramps, doors, temperature, transportation, parking, private space, washrooms).
Modification of responsibilities (such as reassignment, job duties/tasks, work pace or order; job sharing, part-time options).
Modification of workplace policies (such as working remotely or from home, flexible leave, health benefits, disability payments).
Modifications with support personnel (such as assistance from co-workers, job coaches and mentors, interpreters, or animals).
Modifications for flexible scheduling (such as with arrival/departure times, break schedules, compressed work weeks, or additional training time/refreshers).
Modifications with assistive technology (such as hardware, keyboards, computer mice and monitors, lifting/reaching/carrying aids, instructions, checklists, recorded directives, sound machines, software applications, electronic organizers, smartphones).
According to a poll from the BCOHRC in 2022, the most requested types of accommodations from respondents in British Columbia were as follows:
38% of respondents requested "a different schedule, reduced hours or job share opportunities."
30% of respondents requested "a change in duties or responsibilities."
27% of respondents requested "a need to work from a different location."
27% of respondents requested "changes to a physical workspace."
24% of respondents requested "specialized equipment or tools."
Barriers and Challenges Related to Accommodations
Numerous challenges and misunderstandings about accommodations create barriers for employees. A common example is when employees are cautious or hesitant to request accommodation due to fears and worries about stigma from how their coworkers or supervisors will view them or devalue their abilities in a negative way. Another example is with how employers often do not provide employees with the needed information about their right to an accommodation and the process for making a request. Employers are often quick to assume accommodations will be an undue hardship. They tend to overestimate the costs and the risks associated with health and safety. They also tend to underestimate the many benefits of accommodations.
There is a lack of information about accommodations, which leads to a lack of awareness and understanding for both employees and employers. The majority of employees have never been asked by an employer if they need accommodations to perform their essential duties and tasks more effectively. The majority of employees don't request accommodations because they think they don't need one. Some don't know getting an accommodation is an option. Others don't know what kinds of accommodations are even available. Even if they knew it was an option and what types were available, some don't know how to ask for accommodations and they don't think their employer would do anything if they did ask.
Disclosure of a Health/Medical Condition or Disability
It is normal for most people to worry about disclosing to their employer that they have a health/medical condition or disability, and that they may need an accommodation. This is sensitive personal information that may lead to experiencing bias, prejudice, or discrimination. Many people with disabilities struggle with disclosure; with having their rights respected; and with getting their needs met by employers.
It's understandable to fear that disclosure could negatively impact job opportunities with entering, maintaining, and returning to work. Employers must demonstrate trustworthiness with sensitive personal information. They should follow the law and appropriate processes to support an employee's rights and accommodation needs. If not, they need to be held accountable for not upholding their duty and responsibility, and for any violation of employees' human rights regarding employment and the protected characteristics of disability.
Misconceptions about Providing Accommodations
Many employers seem to have misconceptions about the cost of providing accommodations, especially smaller companies with fewer resources. The facts, based on research, are that many accommodations cost little to nothing. Approximately 80% of accommodations cost less than $500. More than half of employers report no costs for job accommodations.
Benefits of Accommodations
Accommodations can benefit organizations by helping them to retain experienced and skilled workers; reducing absenteeism (which is can be expensive); and helping workers to be more present, productive, and loyal. Inclusion practices improve financial performance for employers and can lead to them outperforming their peers.
Important Steps for Establishing Accommodation Practices
Create an accommodations policy and establish a process and system with procedures for implementation.
Educate and train managers and supervisors about how to communicate with and provide support to employees needing accommodations.
Increase trust by protecting the confidentiality and privacy of employees using safe, respectful, caring, and dignified approaches.
Create a workplace culture where a spectrum of employees' limitations and needs can be flexibly accommodated and normalized to encourage their strengths and abilities.
Partner with health care (and social service) providers, disability managers, and vocational rehabilitation professionals, to support employees' needs and better understand their problematic duties/tasks, functional limitations, and accommodations needed for adapting to the medical, psychosocial, and vocational aspects of disability.
Collaborate to create an accommodations plan for employees who need it and evaluate or monitor it together for continuous improvement.
Conclusion: Accommodations for Employment Equity
Workplace accommodations can reduce or remove barriers and create a more equitable employment environment for employees. Most of us may need, or could at least benefit from an accommodation at some time during our career lifespan. This article has discussed some of the key points for learning about accommodations (and examples), legal responsibilities and rights, barriers and challenges, disclosure, misconceptions, benefits, and important steps in the process.
This is a call to action for everyone involved in career development, employment, vocational services, or return-to-work programs. May we be committed to advocating for and encouraging the practice of accommodations, either for ourselves, or on behalf of others who experience health/medical conditions, disabilities, illnesses, or injuries that create barriers and limitations to being successful with performing duties and tasks at work. This can contribute to important individual, structural, and systemic changes that are needed to positively impact social, economic, and political problems in society. This has the power to improve the way we adapt, cope, and recover; and to enhance our health, wellness, and quality of life.
Sources:
BC Human Rights Tribunal. "Human rights and duties -
employment."https://www.bchrt.bc.ca/human-rights-duties/employment/. Accessed 24
Feb. 2025.
BC Laws - Human Rights Code, RSBC 1996, Chapter 210, Section 13. "Discrimination in
employment."
section13. Accessed 24 Feb. 2025.
British Columbia's Office of the Human Rights Commissioner. "Accommodations in the
workplace." Employment equity toolkit infosheet. 2022.
workplace.pdf. Accessed 24 Feb. 2025.
British Columbia's Office of the Human Rights Commissioner. "Employment Equity Toolkit."
https://bchumanrights.ca/resources/employment-equity-toolkit/. Accessed 24 Feb. 2025.