The question
I am a classroom teacher at an independent school. I was recently diagnosed with an illness that requires me to use the washroom frequently, which would disrupt the normal schedule and routine of the classroom. Is my employer obliged to move me to a non-classroom position in the school? If so, how do I negotiate that process?
The first answer
Sarah V. Coderre, partner, Bow River Law LLP, Calgary
Under human rights law, your employer is required to accommodate your illness and workplace accommodations required by your illness to the point of “undue hardship.” What constitutes undue hardship varies depending on the nature of the workplace, but it generally would occur in a situation where an employer is being asked to take on significant additional costs or potentially change the terms of another employee’s employment in order to accommodate someone dealing with illness in the workplace. For example, refurbishing the school to provide a private bathroom in your classroom, or moving a teacher in a non-classroom role out of that role to give it to you could constitute undue hardship.
Negotiating workplace accommodations requires that you provide information to your employer regarding (a) your medical prognosis (for example, will your condition ever improve, or is it permanent – you do not have to say what your illness is), and (b) any work restrictions or accommodations you require in order to continue working. This information needs to be provided in a letter from your physician or specialist because an employer is only required to accommodate what is deemed medically necessary.
Once the employer knows your prognosis and your workplace restrictions and required accommodations, they must determine whether it is possible to provide you with workplace accommodations or whether the accommodations you require (for example, to work in a non-classroom position) will cause them undue hardship. Your employer is not legally obligated to create a new non-classroom position for you if none currently exists or is available, because creating a new role that is not already in the budget would likely cause undue hardship. However, if there is a non-classroom role that already exists at the school that you could potentially be transitioned into, then they would be required to accommodate your illness. Accommodation negotiations are a two-way street, and it may require compromise on the part of both parties.
The second answer
Alia Besharat, senior associate lawyer, Monkhouse Law, Toronto
When an employee requests accommodations for a medical issue or disability, employers have to take such requests seriously as they have a duty to accommodate under human rights legislation.
While your employer is not obligated to move you to a non-classroom position, they should review all options in an attempt to accommodate your medical needs. In practice, what this means is that the school should try to find a way to provide a reasonable accommodation for you to continue to do your job while being able to take frequent bathroom breaks.
The accommodation may not be perfect, but your employer should weigh all options such as potentially changing your job requirements or providing an additional person to help you perform your duties in the classroom. That being said, the employer’s duty to accommodate is to the point of undue hardship – which is a high threshold to meet.
Your first action should be to meet with your employer to discuss the nature and restrictions of the medical issue to determine what a reasonable accommodation might look like. While you do not have to disclose the actual diagnoses, it is helpful to provide your employer with some information or medical notes to help them better understand your situation. Your medical professional should also outline what a reasonable accommodation might look like to help guide your employer.
While the standard for an accommodation is not going to be perfect, you and your employer should work together to ensure your job can be done while accommodating your reasonable request.
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