In this Article, I examine workplace accommodations. If you read my other Articles, you will note that I have touched upon the general theme of accommodations and the duty to accommodate. For those of you who attended my presentation at the CSA’s Connecting Voices conference in Montreal, this Article will have some overlap with my presentation.
Accommodations are individualized
Accommodations are individualized and fact specific. Employer’s need to accept that the rigid application of workplace rules and policies need to be avoided. Your employer’s size, your job responsibilities, and the extent of your disfluency, will impact what accommodations. Given that workplace accommodation(s) are specific and are rooted in a person’s job duties, it is difficult to provide specific information about accommodations for all Persons Who Stutter (PWS)since it is a very contextual matter. For example, all things being equal, a person with severe disfluency is likely to receive greater accommodation(s) than a person with slight or minor disfluency. A PWS working in a call centre and speaking with customers may have different accommodation(s) than the PWS who is a government policy analyst and primarily writes briefing documents.
Remember, you are entitled to reasonable accommodation (not perfect accommodation, or accommodation that you may want or prefer). That is not to say that your employer will not agree to offer you perfect accommodation or an accommodation that you want/prefer. They very well may decide to do so. Just remember that your “entitlement” is limited to reasonable accommodation. This is an important consideration. In my experience, there is a tension between reasonable accommodation and preference, and what constitutes “reasonable accommodation” is often a matter of disagreement or tension between employee and employer.
Accommodations are not made in isolation, they involve multiple parties
Accommodation is a multi‐party inquiry. You, your employer and your union, if your workplace is unionized, have a role. You have a duty to assist in the search for reasonable accommodation. This is an important consideration because accommodations are not necessarily instantaneous. It may take some time for your employer (in good faith) to implement them. This also means that there can also be a “trial and error” or “wait and see” approach to implementing accommodations offered to you and how they work out.
Accomodations are reasonable, not perfect or what you prefer
The extent of your cooperation (or hindrance) will be considered in determining whether your employer’s duty to accommodate has been fulfilled. Their duty to accommodate you is discharged if you turn down a proposal that would be reasonable in all the circumstances.
If your employer offers you accommodation that is reasonable and would, if implemented, fulfil their duty to accommodate, you have a duty to facilitate its implementation. If, after complying with the accommodation, you disagree or feel it is not working, you can revisit the matter with your employer. Remember though: if you allege, you must prove. You need to demonstrate, on a balance of probabilities, that the accommodation is not working, needs to be amended, or changed, or is unreasonable.
Are your colleagues entitled to know about your accommodations?
Are your accommodations private? Yes and no. Your immediate supervisor or manager and human resources will need to know of your accommodation to make sure you are accommodated. This may extent to other managers or higher levels of management depending on the nature of your job and workplace. Are your colleagues entitled to know about your accommodations? In my view, no, it is an exclusive matter between you and management. If you wish to share your accommodations with your peers, that is your business. This is an important consideration because if you are accommodated, be aware that you will be treated differently. Your peers may question your different (or preferential, in their view) treatment and want to know you are “special.” If receive questions from colleagues, I suggest redirecting them to management or your union (if applicable). Wearing my former Human Resources hat, I would offer that it would be fair for your employer to answer any questions by acknowledging that you have an accommodation, but nothing further. Your accommodations should be captured in an Accommodation Agreement, which is the subject of a future Article.
Your employer is not required to change working conditions in a fundamental way, but it does have a duty
A final note on limits to accommodation. When considering accommodations, the test for your employer is not whether it is impossible for them to accommodate your characteristics: the nature and severity of your disfluency. Your employer is not required to change working conditions in a fundamental way, but it does have a duty, if it can do so without undue hardship, to arrange your workplace or duties to enable you to do your work. That is not to say that your employer is required to create a “make work” job to accommodate you, your employer is entitled to receive value for work that you perform.
If there a particular employment topic or issue that you would like me to address in a future article, let me know! You can reach me at: mathew.yaworski@stutter.ca All correspondence will be treated as confidential.
Disclaimer: The opinions and statements in this article are solely the author’s and do not represent the Government of Canada or the Department of Justice Canada. Nothing in this article should be construed or relied upon as legal advice or opinion. Consult a lawyer for specific advice concerning your situation.