Does an employer have a duty to make meaningful inquiries about an employee's disability?
Ontario, Canada
The following excerpt is from Tanimowo-Reyes v. TD Insurance, 2012 HRTO 1427 (CanLII):
The applicant submitted that once the employer is notified that an employee has disability-related needs, it has the duty to make meaningful inquiries about the accommodation of that disability: Wall v. Lippé Group, 2008 HRTO 50 at para. 81.The respondent is under an obligation to understand disability related needs of its employee and to conduct an individualized assessment to address those needs. The accommodation must be considered to be reasonable.
The applicant submitted that there are procedural and substantive aspects of the duty to accommodate (Ellis v. General Motors of Canada Ltd., 2011 HRTO 1453, at para. 6). A failure to give any thought to accommodation does not satisfy the respondent’s obligation to accommodate.
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