What is a complainant's duty to assist the employer in the search for accommodation?

The search for accommodation is a multi-party inquiry. There is obviously a duty on the complainant to assist the respondent in securing an appropriate accommodation. (See O'Malley, supra, at p. 555.) This does not mean that, in addition to bringing to the attention of the respondent the facts relating to discrimination, the complainant has a duty to originate a solution. While the complainant may be in a position to make suggestions, the employer is in the best position to determine how the complainant can be accommodated without undue interference in the operation of its business. When an employer has initiated a proposal that is reasonable and would, if implemented, fulfill the duty to accommodate, the complainant has a duty to facilitate the implementation of the proposal. If failure to take reasonable steps on the part of the complainant causes the proposal to founder, the complaint will be dismissed. The other aspect of this duty is the obligation to accept reasonable accommodation. The complainant cannot expect a perfect solution (See Central Okanagan School Distric No. 23 v. Renaud, 1992 CanLII 81 (SCC), [1992] 2 S.C.R. 970).