7.7 Legal requirements

Canadian Human Rights Act & Duty to Accommodate

• Employers must accommodate employees unless it causes undue hardship (considering cost, safety, and impact on others).

• Bona Fide Occupational Requirement (BFOR): A legitimate job requirement that may justify employment limitations.

• Undue Hardship Factors: Cost, workforce interchangeability, employee morale, operational size, and safety.

• Accommodation Obligation: Employers must eliminate discriminatory policies and adapt workplaces where feasible.

Return to Work & Alternative Employment

• If a worker cannot return to their original or a modified role, employers must attempt reasonable accommodations.

• If no accommodation is possible, alternative employment within the same industry is preferred before considering other fields or self-employment.

• A vocational rehabilitation consultant may assist in finding alternative employment.

Canada Labour Code

Applies mainly to federally regulated industries (e.g., broadcasting, banking, transportation, postal services, and Crown corporations).

• Three Parts of the Code:

  1. Labour Relations – Governs collective bargaining, strikes, and dispute resolution.

  2. Occupational Health & Safety – Focuses on workplace hazard prevention.

  3. Employment Standards – Covers work hours, wages, leave, holidays, and termination rules.

Quiz: Test Your Knowledge

Multiple Choice Questions

1. What must employers prove to justify a workplace policy as a bona fide occupational requirement (BFOR)?
   a) The rule is convenient for the company.
   b) The rule is necessary for business operations and cannot be accommodated without undue hardship.
   c) The rule follows company traditions.
   d) The rule benefits most employees.

2. Under the duty to accommodate, employers must:
   a) Always provide an alternative job if the worker cannot return to their role.
   b) Try to modify policies or practices unless it results in undue hardship.
   c) Ignore accommodation requests if they are expensive.
   d) Offer full compensation instead of accommodations.

3. What is a key factor in determining undue hardship?
   a) Employee’s work history.
   b) Employer’s financial situation.
   c) The size of the company and operational limitations.
   d) Employee’s willingness to accept a different job.

4. What is the first priority in a return-to-work program?
   a) Finding the worker a new job in a different industry.
   b) Offering the worker unpaid leave.
   c) Assisting the worker in returning to their own or a modified job.
   d) Immediately seeking vocational rehabilitation services.

5. Which of the following industries is NOT covered under the Canada Labour Code?
   a) Banking
   b) Airlines
   c) Retail Stores
   d) Postal Services

6. What is NOT a part of the Canada Labour Code?
   a) Occupational Health and Safety
   b) Employment Standards
   c) Family Leave Regulations
   d) Labour Relations

Answer Key

1. (b) – The employer must show that the rule is essential for the job and that accommodation would cause undue hardship.

2. (b) – Employers must attempt accommodations unless it causes undue hardship.

3. (c) – Factors like company size, cost, safety, and morale influence undue hardship.

4. (c) – The goal is to help workers return to their own job or a modified role first.

5. (c) – Retail is regulated by provincial labour laws, not the Canada Labour Code.

6. (c) – Family leave is addressed in various employment laws but is not a separate part of the Canada Labour Code.