Human Rights Accommodation
Does an employer have to accept the employee’s proposed accommodation?
No
When does the Act come into force?
It received royal assent March 21, 2024.
Is it a requirement that all complaints of harassment be investigated?
It depends.
Does the employer have to accept a doctor’s stated accommodation?
It depends.
Can employers use trial periods to assess suitability?
Yes, but need to ensure ESA compliance
When should an employer retain an external investigator?
Complex allegations; conflicts of interest.
What can an employer ask for when an employee asks for a family status accommodation?
Anything re: needs or efforts taken to find alternatives.
Does the Act impact type of experience?
Can’t ask for Canadian experience.
Is there a requirement to notify the respondent of allegations before meeting with them to respond?
Yes
What are an employer’s obligations to manage returns to work following a disability leave?
Modified hours, duties, and location for work.
What is the range of compensation that an employer can/should put on a job posting?
Expected compensation or full range
Can an employer suspend an alleged perpetrator pending an investigation?
Possibly, but some risk.