Accommodation
AAM respects the employee’s right to a safe and fair workplace. A way this is promoted within the SHA is by engaging in the duty to accommodate process. This process creates an equal opportunity for all individuals to have access to gainful employment, respecting their education, training, experience, etc. The duty to accommodate is balanced with patient care and the rights of all employees in the workplace. These expectations are in place to ensure that our patients, clients, and residents continue to receive high-quality care and to ensure respect and consideration for colleagues and coworkers.
The duty to accommodate process is legally defined as a triparty agreement between the employer, employee and the union. Each party must represent their “share” of the process. This process may not be completely equitable or come out with the perfect solution for any/all parties, but it is established to provide fairness and equality in the employment relationship. The responsibility to accommodate begins as early as the job interview period and can last until after termination.
Each Union has articles in their respective CBAs which outlines some of the duty to accommodate process.
Types of Accommodation
Human Rights legislation and protected grounds are the areas we focus on for accommodation purposes. The duty to accommodate can apply to any prohibited ground under the Human Rights Act including race, ethnic origin, color, religion, age, sex, sexual orientation, gender identity or expression, marital status, genetic characteristic, family status, and disability. The most common grounds are:
- Disability/Medical - A medical condition that necessitates an accommodation in the workplace requires ongoing medical documentation from a recognized health care provider.
- Family status – This is often based upon duty of care, responsibility and commitment of a family member defined by the Saskatchewan Human Rights Commission.
- Religious status - if an accommodation is required due the tenet of a religion the employee must request an accommodation and provide details of the tenet requiring accommodation in the workplace.
With both medical and non-medical accommodations, if the situation changes and the employee no longer require the accommodation, they are expected to notify their employer. Accommodations must be reviewed when an employee vacates their accommodated position, retires, or their accommodation need (i.e., medical condition) changes.