Accommodating Disabilities: The Duty To Consult

Edited by Jennifer M. Fantini and Naomi E. Calla

An essential component of the accommodation process is engaging in a thorough inquiry as to the limitations of an employee, a significant aspect of which is consultation with the employee in need of accommodation. Consultation is necessary to determine the employee's limitations, obtain medical information and assess what forms of accommodation are necessary and practical. In the absence, an employer is unlikely to have the information necessary to determine whether the point of undue hardship has been reached. As a pair of recent British Columbia decisions illustrate, a failure to engage in such consultation can have a significant impact on the outcome of a case.