In our previous blog on mental health in the workplace, we looked at the distinction between mental illness and ordinary stress and anxiety. We’ll now turn our attention to ways employers should approach their duty to accommodate employees with mental disabilities.
One issue that arises occasionally when an employee is being accommodated is whether the employer can adjust their compensation to bring it in line with their new reduced hours and/or duties.
Recent Ontario human rights jurisprudence has reaffirmed many of the principles associated with the employer’s duty to accommodate. In particular, when assessing accommodation requests, employers need not apply/accept each accommodation request, but must ensure that they are only denying or limiting lawful accommodation requests in the presence of sufficient evidence to support the limitation or denial.