From undue hardship to health and safety concerns, employers have wiggle room to decline accommodations, says H&S manager
While employers are often expected to accommodate their workers in a variety of ways, from modifying job duties to allowing time off, there are occasions where employers may legally decline such requests.
“There’s one called the bona fide requirement where your role and responsibilities actually require you to do certain aspects that may be ‘dangerous’,” explained noted Michelle Ann Zoleta, health and safety manager at Peninsula Canada. “If it’s certain hazards that they are exposed to on an everyday basis, unfortunately, the employer can say no to that.”
Although this typically extends to roles in public service, like police officers and firefighters, where exposure to risk is inherent, even in cases where the accommodation seems reasonable, employers must consider the broader implications.
If granting one employee's request would create safety concerns or inequities for others, the employer may have grounds to decline, especially when safety requirements directly conflict with an accommodation request, Zoleta explained.
She pointed to an example of a construction worker who refused to wear a hard hat due to religious reasons. "Unfortunately, because it's a health and safety hazard, the employer had the right to say no, because it is a health and safety hazard for the employee to go onto that job site."
While understanding the boundaries and documentation requirements is crucial for maintaining a fair and compliant workplace, employers may also decline requests that would cause "undue hardship" to the business.
This could include significant financial costs or operational disruptions that the company can’t reasonably manage. That’s why Zoleta underscored thorough documentation to justify such decisions.
"[Saying no] is really heavy on the documentation side,” she said. “Just having the documentation that explains this is the reason why we said no from a health and safety risk, why we said no from an operational financial burden, and why we said no because it’s part of your job," she explained.
“The most important factor is receiving the right health practitioner information as well as case manager information when you're trying to accommodate the worker because accommodation requests can be so vague,” she added.
Another reason an employer may refuse an accommodation request is when all potential adjustments to accommodate have been exhausted.
“You've documented every potential modified duty, you’ve altered schedules and any additional time off. Sometimes the financial burden and the operations just can't take the impact anymore from the worker,” she said.
Zoleta emphasized the importance of having a return-to-work plan for accommodations, from a health and safety perspective “because you’re monitoring everything that you received as an employer, from doctor's notes to all the additional appointments that they've had that show what they can and can't do.”
Zoleta asserted clear communication and documentation in handling accommodation requests, not just to support decisions but also to ensure consistency and fairness.
“There’s never not too much documentation. One thing I will say, though, is there might be an over limit of certain communication,” she said, emphasizing employers should set clear expectations for follow-ups, while ensuring that employees are not being excessively contacted.
Despite some accommodation requests being easier to approve than others, Zoleta asserted each case requires careful risk assessment, considering both the business’s needs and the employee’s request.
“Let’s say you're a surgeon and you're asking to bring in a service dog. Obviously, in those certain circumstances, you need to evaluate. ‘Okay, you want to bring in a service dog into a hospital. Is that really reasonable?’ The employer has to really look at what the accommodation is for and ask themselves, ‘Is it going to affect my business?’”
To navigate accommodation requests effectively, Zoleta asserted employers should ensure clear policies are in place, noting that employees should be aware of these policies from the start and be reminded of them periodically.
“Obviously, it's hard to control employees, but at least you have something written in place for not just yourself to refer back to, but your employees as well. Just because they were hired doesn't mean they're going to remember that during the time they're with you,” she added.
Confidentiality is another major consideration for workplace policies. Employers must ensure that accommodation decisions are communicated appropriately without revealing personal details.
“While some people are returning to work full-time in office, there are some people who can be accommodated to work from home. For those people, you don't need to [tell other employees] the decisions or reasons why,” Zoleta said.
Ultimately, Zoleta believes handling accommodation requests properly comes down to thorough documentation, clear communication, and a structured workplace policy.
“You need to make sure that you are protecting yourself at the end, but you're also being transparent with your workers,” she said.
