What are the obligations of an employer to accommodate a person who has made a request for accommodation?

Ontario, Canada


The following excerpt is from Budd v. 783720 Ontario Inc., 2015 HRTO 825 (CanLII):

As for the applicant’s behaviour leaving the respondent with no opportunity to consider accommodation options, I would agree that it is well-established that the person seeking accommodation has an obligation to reasonably cooperate and participate in the accommodation dialogue. (See: Central Okanagan School District No. 23 v. Renaud, [1992] 2 S.C.R. 970, 1992 CanLII 81 (SCC) (“Renaud”).) But here the facts are that the applicant made a request for accommodation in the form of a leave from work and was not asked for additional information nor offered alternative accommodation. The obligations of the applicant in this process are outlined at paragraph 44 of Renaud as follows: This does not mean that, in addition to bringing to the attention of the employer the facts relating to discrimination, the complainant has a duty to originate a solution. While the complainant may be in a position to make suggestions, the employer is in the best position to determine how the complainant can be accommodated without undue interference in the operation of the employer's business. When an employer has initiated a proposal that is reasonable… and would, if implemented, fulfil the duty to accommodate, the complainant has a duty to facilitate the implementation of the proposal. If failure to take reasonable steps on the part of the complainant causes the proposal to founder, the complaint will be dismissed. The other aspect of this duty is the obligation to accept reasonable accommodation…. The complainant cannot expect a perfect solution. If a proposal that would be reasonable in all the circumstances is turned down, the employer's duty is discharged.

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