Navigating The Two-Way Street Of Workplace Accommodation

The phrase "accommodation is a two-way street" appears often in arbitration and human rights decisions that discuss an employer's duty to accommodate its employees.  That accommodation has been characterized this way means that the participation and co-operation of both parties is a necessary element in the accommodation process.  While this phrase is often recited, given the many nuances and complexities that arise when an employee has requested accommodation for an illness or disability, employers are often uncertain about how far they can go to ask the employee to "do their part" by providing medical information and   co-operate in the accommodation process. This article provides a summary of two recent decisions that address the obligations of employees to provide relevant medical information and to accept a reasonable accommodation offered by the employer.