It can be challenging for an employer to navigate the obstacles
presented when attempting to accommodate an employee with a
physical or mental disability. Unfortunately, because the legal
obligation to accommodate necessitates an individualized approach
there is no "one size fits all" formula. However, the
process doesn't have to be painful.
Understand the Legal Landscape
Whether the disability is as a result of a workplace accident or
a weekend football mishap - the duty to accommodate remains the
same.
A. The Human Rights Code – The Most Inclusive
Approach
The Ontario Human Rights Code ("Code")
requires an employer to accommodate an employee with a disability
"to the point of undue hardship." This means considering
the employee's restrictions and limitations and either
modifying the employee's current job or finding other work as
close as possible to th e employee's pre-injury job, within the
scope of the employee's abilities.
