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duty to inquire

BCHRT considers the duty to inquire as to the presence of a mental disability

Is it the employer’s duty to inquire whether an employee has a mental disability? The BCHRT recently considered a case that addresses this. Generally, before an employer can be required to accommodate an employee’s mental disability, the employer must know, or ought reasonably to know, that the employee has such a disability in the first […]

 

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Before the duty to accommodate, the duty to inquire

If the duty to accommodate is a well-known concept, the duty to inquire is a fuzzy notion. The principle is that an employee seeking accommodation for a disability is under a duty to disclose sufficient information to her employer to enable it fulfill its duty to accommodate.

 

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