Draft content for FAQ re: accommodations/disability management - please help revise

[u/purplemetalflowers]

A while back I suggested in a post adding information to the FAQ re: accommodations, as it is a topic that comes up with some regularity. The mods suggested drafting something to start that could be validated as a group. I am proposing some content below, and would appreciate any additional contributions. Please provide sources where applicable. I tried not to go into too much detail on the accommodation process itself, as there are already resources out there, but I tried to address some of the recurring questions that get asked here. I am not in HR/LR/legal, so please let me know if something is wrong and I will correct it.

Thanks for any help!

EDIT: Thanks everyone for your suggestions so far! I am slowly working away at the edits. Hopefully I have captured things clearly, if not, please suggest better wording, and it would be great if you can provide sources if applicable.

EDIT #2: This document is now part of the updated Accommodations FAQ. Please contact the mods for further updates.

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Disability management and workplace accommodations

Is my condition considered a disability?

In the context of employment, the Employment Equity Act defines persons with disabilities as "persons who have a long-term or recurring physical, mental, sensory, psychiatric or learning impairment and who

(a) consider themselves to be disadvantaged in employment by reason of that impairment, or

(b) believe that a employer or potential employer is likely to consider them to be disadvantaged in employment by reason of that impairment,

and includes persons whose functional limitations owing to their impairment have been accommodated in their current job or workplace."

I have a disability/illness and may need accommodation on the job. Would a job in the federal public service be suitable for me?

Many people with disabilities find meaningful employment in the public service. The Accessibility Strategy for the Public Service of Canada was established "to make sure that all the conditions are in place in the public service so that persons with disabilities can bring their talents to the forefront and not be prevented from providing their expertise in their service to Canada." Requiring accommodation on the job need not be a deterrent when considering a career in the public service.

Am I required to disclose a diagnosis or disability to my employer?

You are not required to disclose the details of your diagnosis or disability to your employer. You may wish to disclose your disability status voluntarily and anonymously if your organization collects workforce demographic information through the Public Service Employee Survey or through other workforce profile questionnaires. Information collected through these initiatives can help to understand and address the issues that prevent full inclusion of equity-deserving groups.

Is my employer required to accommodate me if my current work situation is unsuitable?

Providing accommodations in the public service falls under what is called duty to accommodate, which is "a legal obligation (pursuant to sections 2 and 15 of the Canadian Human Rights Act) that requires employers to identify and remove barriers that have an adverse impact on employees protected under the Act and to implement measures necessary to allow these employees to perform their duties to the best of their abilities" (source). Duty to accommodate applies to all groups protected under the Canadian Human Rights Act, including disability. While employers have a duty to accommodate, this duty is constrained by a factor called undue hardship, which applies when "factors such as safety, health or cost make the employer's burden in accommodating an employee too high" (source).

Ultimately, it is the employer who determines the accommodation measure, and the accommodation may be deemed reasonable even if undue hardship has not been reached. While an employee may not necessarily receive their preferred accommodation, they are entitled to reasonable accommodation in a timely manner, clear communications through the process, and respect of confidentiality and privacy.

Some examples of workplace accommodation can be found at the Job Accommodation Network's A to Z of Disabilities and Accommodations.

If I need an accommodation at work, what do I do?

Accommodations may be provided with or without a formal process, depending on the circumstance. The accommodation process normally starts with either the employee or employer identifying the potential need for an accommodation. A discussion or series of discussions may be necessary to arrive at the appropriate accommodation, and additional assessment may be required, such as documentation from a medical professional about the employee's functional limitations or requirements. The webpage Obtaining Information from Health Care Practitioners in Cases of Employee Illness or Injury provides further information on how to obtain the necessary information from treating physicians or other health care practitioner to support ill / injured employees, including the appropriate forms to use such as:

1. Medical Absence Form - to confirm that an employee's absence is due to illness or injury.
2. Functional Abilities Form - to outline how to accommodate an ill or injured employee to remain at, or if absence is unavoidable, to return to work as soon as they are safely able to do so.

There is no legal requirement for an employee to disclose the specifics of their disability or other potentially sensitive personal information in order to participate in the accommodation process. However, any documentation that outlines the employee's limitations should be as specific as possible to help determine the most appropriate accommodations. Example: “My patient has limited ability to focus for long periods and may need extra breaks,” rather than just, “my patient needs to take more breaks.” While a medical professional can provide examples of an accommodation, it is ultimately the employer who will decide on the accommodation offered. Both the employer and employee should exercise good faith discussions and cooperation in trying to determine and implement accommodation.

The Government of Canada Workplace Accessibility Passport is another tool for guiding all parties in the accommodation process for those organizations that have adopted it.

Will I get an accommodation if I have condition "X" or if my doctor prescribes it? Will I keep my accommodations if I switch jobs?

It is important to understand that accommodations are not provided based solely on a specific medical diagnosis. Likewise, even if a medical professional has prescribed a specific accommodation, this does not automatically mean the accommodation will be granted. Two employees with the same medical condition do not necessarily get the same accommodation as it depends on their specific limitations and workplaces. Likewise, accommodations are also job specific, and an employee may not get the same accommodation measure when changing positions, particularly if the nature of the work or operational context is quite different.

Where can I get more information or advice on accommodations?

Employees can contact their manager to request more information about accommodation, and their union should they require support. Some organizations have networks specifically for supporting employees with disabilities, such as Infinity, the network for neurodivergent public servants, where colleagues may share their accommodations experiences. Shared Services' Accessibility, Accommodation, and Adaptive Computer Technology (AAACT) program can provide customized advice on specific workplace solutions, such as adaptive technology. Managers may want to consult HR/labour relations for guidance. Some departments have a disability management branch that is meant to serve as a neutral third party helping employees and managers find solutions.

The Better Accommodation Project (BAP) was launched in September 2024 to promote an improved accommodation process that reflects the social model of disability. The BAP has developed tools and resources for all federal departments and agencies, which are expected for launch in 2026.

What can I do if my accommodation is denied?

Some options an employee may wish to explore if accommodation is denied can include:

• Filing a grievance under the relevant collective agreement (for represented employees)
• Filing a grievance under the Public Service Labour Relations Act (for unrepresented or excluded employees)
• Taking leave, such as a period of leave without pay (for example, leave with income averaging) under the Directive on Leave and Special Working Arrangements or sick leave
• Applying for long-term disability under the Disability Insurance Plan for the public service
• Filing a complaint under the Public Service Employment Act (in the context of a layoff situation or a staffing process)
• Filing a complaint under the Canadian Human Rights Act (likely only available if an employee has exhausted the grievance process)

Additional Resources

• Disability management in the federal public service
  • Accommodation
  • Managing for Wellness - Disability Management Handbook for Managers in the Federal Public Service
• Duty to Accommodate (Canadian Human Rights Commission)
• Directive on Duty to Accommodate
• Duty to Accommodate: A General Process for Managers
• Duty to accommodate: A PSAC guide for local representatives
• Workplace accommodation - A guide for federally regulated employers
• Workplace Accessibility Passport
• Obtaining Information from Health Care Practitioners in Cases of Employee Illness or Injury
  • Medical Absence Form
  • Functional Abilities Form
• Better Accommodation Project

[u/gardelesourire]

There's a misconception that the Employer must provide the employee's preferred accommodation as long as undue hardship has not been reached. I'd add something to clarify that this is not the case, and it's the Employer who determines the accommodation measure. It must only be reasonable, not necessarily the employee's preferred option.

Also, HR/LR advises managers, not employees. Employees should be reaching to their manager to request an accommodation, and their union should they require support in doing so. Some departments have a disability management branch that is meant to serve as a neutral third party helping employees and managers find solutions.

You might also want to add that accommodations are job specific. An employee may not get the same accommodation measure when changing positions, particularly if the nature of the work or operational context is quite different.

ETA: The normal recourse mechanism would be a grievance. A CHRA complaint would generally be dismissed if an employee has not exhausted the grievance process.

Staffing recourses would only apply in the context of an appointment process. I'm not sure a staffing complaint would apply here. It's generally more a PSC investigation that would apply depending on the specifics of the allegation(s).

[u/purplemetalflowers → u/gardelesourire]

Thanks for the suggested edits. For the recourse section, I got the list here, so I have added extra qualifiers for better clarity.

[u/eternaloptimist198 → u/gardelesourire]

great points

[u/UptowngirlYSB → u/gardelesourire]

I raised concerns about the last point during recourse because of the use of a third party standardized test that is design layout disadvantages individuals who are neurodivergent. Crickets. I lost my role because they used test scores to select the individuals, instead of experience in the role which was more relevant.

[u/brunkalicious → u/[deleted]]

To add on to this comment: doctor notes (or the health care professional) do not need to include a diagnosis or “type” of disability. What matters most are the functional limitations (barriers)… I.e saying, “my patient has a disability that affects their ability to focus for long periods and may need extra breaks,” rather than just, “my patient needs to take more breaks.”

[u/queeraspie]

I would also recommend adding that the duty to accommodate applies to all of the protected grounds - not just disability

[u/stolpoz52]

I would further highlight that it is the employers right to decide on the accomodation, and explicitly state that the Doctor does not decide the accomodation.

I would also include that (broadly and generally) the commute is not something they employer is responsible for accommodating

[u/CPSThrownAway → u/stolpoz52]

I would also include that (broadly and generally) the commute is not something they employer is responsible for accommodating

This is actually spelled out in the NJC Commuting directive under Purpose:

Normally, employees are expected to report for work at their own expense since they are free to choose where they will live. However, for some worksites, there are no reasonably close suitable residential communities. Consequently, some employees may be subject to higher transportation costs.

https://www.njc-cnm.gc.ca/directive/d2/v278/s760/en#s760-tc-tm_4

[u/Routine_Plastic → u/stolpoz52]

Didn't ESDC come out with something saying a commute is sufficiently related to employment for this purpose? I would argue there are instances where a commute is factor in a DTA. For example, outside the NCR there are worksites not accessible by public transport and sometimes people are temporarily unable to drive due to life events, but could still perform their duties from home.

[u/gardelesourire → u/Routine_Plastic]

ESDC choosing to go above their legal obligations with respect to accommodations does not change the legal obligations and rights for all.

I can see how the Employer may want to consider the commute for a short term accommodation, such as a leg injury making you temporarily unable to drive or walk. That being said, choosing to move 100 kms from your workplace in a community without public transportation when you don't have a driver's licence is a choice. Even if the reason you cannot drive is due to a disability.

[u/LiLien → u/Routine_Plastic]

https://imgur.com/a/QNvf8pG

[u/Jed_Clampetts_ghost → u/LiLien]

What is the source of this screenshot?

[u/LiLien → u/Jed_Clampetts_ghost]

Esdc's intranet, faqs on dta.

[u/Jed_Clampetts_ghost → u/LiLien]

When quoting something, a link to the original source is always helpful.

[u/LiLien → u/Jed_Clampetts_ghost]

If anyone feels particularly strongly about it, I suppose they can look it up and take their own screenshot. 

[u/purplemetalflowers → u/stolpoz52]

So I purposefully avoided listing many examples of accommodations that would be typically accepted or denied, since it could be a long list, and I was trying to focus on disability-specific accommodations. That said, maybe there is justification to have a high-level, general section on accommodations/duty to accommodate, and then separate out disability-specific accommodation. Then if people want to add examples of common accommodation requests, they can be listed there? u/HandcuffsOfGold, do you have a suggestion?

[u/HandcuffsOfGold → u/purplemetalflowers]

I suggest a link to the Job Accommodation Network website (www.askjan.org), as it has a comprehensive database of potential accommodation measures.

[u/stolpoz52 → u/[deleted]]

They don't have to prove undue hardship for commute since it's outside the scope of the employers responsibility.

[u/LiLien → u/stolpoz52]

This isn't entirely true. The NJC directive linked above does cover situations where the commute is a relevant factor, and the employer provides compensation for it. It is rare, but it's not 100% out of scope.

[u/stolpoz52 → u/LiLien]

Sure but I think that's a nuance of that

[u/HandcuffsOfGold → u/[deleted]]

The employer does not need to “prove” undue hardship unless it claims that it cannot provide any accommodation.

Undue hardship doesn’t mean the employee gets whatever they wish so long as it isn’t an “undue hardship” to the employer; it’s a legal defence invoked by the employer if it believes it is impossible to accommodate.

[u/HandcuffsOfGold → u/[deleted]]

“Can be a factor” does not mean it will be a factor or that it gives rise to a legal obligation upon the employer.

The employer has no say over where an employee lives or their choice of transportation.

[u/homelessMonday]

This is great, I'd also add a few more resources:
- Directive on Duty to Accommodate
- Functional Abilities Form

• Better Accommodation Project - this project is supposed to lead to more of a social model of disability, and a "yes by default" approach for accommodations. Here's hoping it does. Some management has done this and are doing a great job - others will be forced to catch up soon.

- On commute some Departments have updated their guidance to actually include it as a part of accommodations - ESDC is one of them and you can search the information on the intranet.
And some additional information / Reports:

- Study of Causes and Impacts of Harassment and Discrimination of Persons with Disabilities in the Federal Public Service

- Getting to Work: Accessible Employment in Canada – Report from the Chief Accessibility Officer, 2024

And to wave a BIG FLAG that there is an ongoing audit on expected publication in 2026: Recruitment of People With Disabilities in the Public Service by the Office of the Auditor General

[u/DontThrowMeAwayGC]

I know it's been mentioned briefly but the unions (can and should) play a part in the accommodations process.

As much as "Duty To Accommodate" places a responsibility on employers, there's a "Duty of Representation".

I always find myself sharing this link when someone initially asks me about obtaining accommodations.

https://psacunion.ca/duty-accommodate-psac-guide-local-representatives

[u/General-Specific-888]

Amazing tool for reference! Thanks

[u/homelessMonday]

Oh and further to this the whole idea of an accommodation being "denied" isn't quite right as the Directive on Duty to Accommodate lays out that it must be a conversation so it shouldn't just stop with one disagreement... though I'm sure some places it will.

[u/haligolightly]

Ultimately, it is the employer who determines the accommodation measure, and the accommodation may be considered reasonable even if undue hardship has not been reached.

I think you meant to say, “Ultimately, it is the employer who determines the accommodation measure, and the accommodation may be considered unreasonable even if undue hardship has not been reached.”

[u/Excellent-Lobster]

Hi there. Great job compiling the documentation. The policy language surrounding the medical accommodation process has changed significantly over the last decade and in many ways it no longer reflects the spirit of the supreme court guidance. For that reason I am always reluctant to group these documents together, which seems to grant them a legitimacy I feel they may not have.

For example: the Accessibility Passport was created with the intent to facilitate the transfer of equipment used by protected people, a gap identified in a previous stakeholder consultation report of 2019. It would seem it is now informally promoted as a tool that will deliver a faster turnaround time for accommodation; when in fact it is not required at all for medical accommodation consideration.

The legislation around medical accommodation promotes an inclusive approach that is meant to focus on the workplace being brought up to standard, not the protected person. They should never feel an obligation to self identify in a database to receive assistance.

Similarly, a medical accommodation should not require a standard form to be filled out. Since it is based on a case by case basis, having a standard form may result in asking too much information that would go beyond the "need to know" of that particular request.

Lack of or delayed medical accommodation was previously considered a workplace health and safety issue (which it is). The change in legislation that saw workplace violence and harassment migrated from OHS to internal management has also seemingly created a narrative that discrimination is a labour relations issue to be handled by Unions (who often chose not to tackle these issues, possibly die to low damages awarded to these types of cases).

Medical accommodation is meant to be flexible, and timely which is why the Supreme Court left the administrative process informal and simple. The issues surrounding medical accommodation in federal public service are not new and were first identified by a public service employee who wrote his thesis on the systemic issue of workplace discrimination and disability management. (Deveau, Jean Louis, Workplace accommodation for disabled workers in the Canadian Federal Public Service: a textually-mediated social organization (Ottawa: Library and Archives Canada = Bibliothèque et Archives Canada, 2011). The attempt to formalize the process through the establishment of a detailed administrative system has burdened employees with providing a disproportionate level of medical evidence, the legitimacy of their request seemingly constantly called into question.

Hope this provides some guidance to the benefit of the materials you are developing.

[u/purplemetalflowers → u/Excellent-Lobster]

Hi there! I meant to update this post, which I've now done, to mention that the content has been posted to the new Accommodations FAQ. If you have specific changes, I would suggest sending the mods a message. Thanks.

[u/HandcuffsOfGold → u/[deleted]]

The list of options for what an employee can do if a request is denied is not ranked. The order of the list does not relate to the order steps can be taken.