Based on the Ontario Human Rights Code, employers, service providers and unions have an obligation to take steps to eliminate disadvantage, resulting from a rule, practice or physical barrier, to employees, prospective employees or clients protected under the Code. At the base of this obligation is the recognition that ‘true equality means respect for people’s different needs’. Generally speaking, the term accommodation means changing the rule or practice to incorporate alternative arrangements that eliminate discriminatory barriers.
The process of accommodation requires that the individual making the request and the employer or service provider work together, in good faith efforts, to find appropriate accommodation options. The roles of both parties are outlined below:
The standard for all accommodation requests is undue hardship, which places a specific burden on the employer or service provider to produce evidence of the undue hardship and its effect. The only factors to be considered, however, are cost, outside sources of funding (if any) and health and safety concerns. This is a very high standard, and one which will not often be met.
Yes, the duty to accommodate applies to all grounds under the Ontario Human Rights Code.
The Ontario Human Rights Code provides the right to equal treatment with respect to employment and service provision without discrimination because of creed. Creed is subjectively defined as a professed system and confession of faith, including both beliefs and observances or worship. It includes, for example, non-deistic bodies of faith, such as the spiritual faiths/practices of Aboriginal cultures, as well as bona fide newer religions. The law requires measures to facilitate the practice of religious observances based on the principle of freedom of religion.
Some examples of accommodation that may be available to persons with disabilities include:
Under the Ontario Human Rights Code, as an employer and service provider, Western is responsible for accommodating the special needs of pregnant and breastfeeding women. This includes accommodating employees and students who want to breastfeed or extract milk.
For those who want a private space to nurse a child or extract milk, there are spaces available on campus: