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"Reasonable accommodation" must be made so that the otherwise best qualified applicant is able to perform the essential functions of the job. If no "reasonable" accommodation can be made, the individual does not have to be hired.

The following questions pertain to employees and students who are applying for positions, as well as to external applicants. (Also see "Interviewing"; "Reasonable Accommodation-On the Job"; "Types of Accommodation" and "Undue Hardship")

 

What is a "reasonable accommodation"?

The Act defines "reasonable accommodation" as modification(s) or adjustment(s) which can be made, without undue hardship, to allow a Qualified Individual with a Disability to be considered for the position he/she desires and/or to allow that person to enjoy equal employment opportunities.


What is "reasonable?"

"Reasonable" is fact-specific and depends on many variables, e.g., cost, number of other employees, how work is usually performed, standards of the job. Therefore, when an individual with a disability who is otherwise the best qualified seeks a reasonable accommodation, and the accommodation is necessary, there is a duty to provide one unless providing one would be an undue hardship. ("Undue Hardship")


If an accommodation could be made without undue hardship and is not, what are the consequences?

Failing to make a reasonable accommodation for an otherwise best qualified individual with a disability is illegal discrimination under the Act. There are substantial penalties and other financial liabilities for such discrimination.


May an individual's need for an accommodation enter into a decision regarding employment decisions?

No, unless the accommodation would be an undue hardship.

Who will make decisions about whether requested accommodations can be made?

Each Vice President and Provost will decide where, within his or her areas, the decision-making will lie. The Office of Employment Equity is available to provide guidance to these individuals.

Is it the interviewer's or the Hiring Authority's responsibility to envision possible accommodations when one is requested, or does the disabled person have some responsibility?

Ideally the disabled person should suggest an appropriate accommodation; however, if he/she cannot suggest one, it is the employer's responsibility.


If a candidate seeks an accommodation and a disability is not obvious, or if the sought-for accommodation does not appear necessary, may proof of a protected disability and the need for accommodation be required prior to undertaking accommodations?

An individual who is otherwise a final candidate may be required to submit proof that there is a disability and that the sought-for accommodation is appropriate and necessary to perform the essential function in question.


If a disabled individual requests an accommodation, and that accommodation is made, may the individual request other accommodations?

Yes. The intent of the Act is to integrate disabled individuals into the workforce. Therefore, if the additional accommodation is reasonable and necessary and if it will not pose an undue hardship, it must be provided.


If a candidate says he/she cannot perform a nonessential function, must an accommodation be made to allow the individual to perform that nonessential function?

An accommodation does not have to be made to allow an individual to perform a nonessential function. If the department wishes to make an accommodation so that the individual can perform the nonessential function, it may; otherwise, the function should be transferred to another position, or exchanged for one the individual is able to perform. If a disabled candidate is otherwise the best qualified, he/she may not be rejected merely because he/she cannot perform nonessential functions of the position.

May an accommodation be revoked once granted?

Yes, if it is later determined that the accommodation has been unnecessary or is no longer necessary or that is has become an undue hardship.

Are there time constraints on a Hiring Authority in making an accommodation?

Accommodations should be made as expeditiously as possible; however, there are no specific time constraints.

Should records be maintained with respect to accommodations offered or made?

Yes. Such a record would be helpful to future supervisors of a qualified individual with a disability and may also be helpful to others who need to make accommodations in the future. Supervisors should notify the Office of Employment Equity when an accommodation is made.