What is the legal test for determining whether an employer has a duty to accommodate an employee with special educational needs?
Alberta, Canada
The following excerpt is from Baum v. Calgary (City), 2008 ABQB 791 (CanLII):
For instance, one test applied in this area was recently set out in Callan v. Suncor Inc., (2006) ABCA 15 at para. 21, where our Court of Appeal discussed the standard an employer must meet in respect of its duty to accommodate: There is no duty of instant or perfect accommodation, only reasonable accommodation. The reasonableness of the employer’s accommodation must be evaluated considering the knowledge of the employer, together with the cost, complexity and expense of any physical accommodation required, and other similar factors. The test is not subjective, and the employee is not entitled to dictate the accommodation he or she will accept. Nor is the employer required to accept the complainant’s own subjective assessment of his or her abilities.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of conduct for an employee with special educational needs in the workplace? (Alberta, Canada)
How much notice can an employer give to an employee when the employer has made a decision not to conduct an internal investigation into the employee’s conduct? (Alberta, Canada)
What is the proper test for determining whether the facts establish special circumstances? (Alberta, Canada)
Can an employer rely on a termination clause that was signed by an employee six years after the employee was hired? (Alberta, Canada)
What is the legal test for a surgeon to determine whether a patient’s hypothetical choice to refuse treatment should be based solely on the testimony of the patient at trial? (Alberta, Canada)
What factors are considered to be determinative in determining whether a medical malpractice case is successful or unsuccessful? (Alberta, Canada)
What is the test for determining whether discrimination has occurred in the context of employment law? (Alberta, Canada)
What is the legal test for determining whether a question of mixed fact and law is correct or palpable and overriding error? (Alberta, Canada)
What is the test to determine whether an employee has been constructively dismissed? (Alberta, Canada)
Is an employer's offer of settlement in lieu of notice a waiver of the employer's right to dismiss an employee for cause? (Alberta, Canada)
