It is not enough for an Employer to accommodate you. To protect yourself, it is necessary for you and Employer to enter into an Accommodation Agreement. Accommodation Agreements are written documents that outline your accommodation(s) in the workplace and identify considerations like who will have access to the document, where it will be kept, and the review and renewal dates. Having a written record helps to make sure all Parties benefit from the same information and understanding of your accommodations.
Happy 2025 😊 I hope everyone reading this Article enjoyed a safe and happy holiday season. In this Article, I examine Accommodation Agreements. 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.
What are Accommodation Agreements?
Simply put, Accommodation Agreements are written documents that capture or outline your accommodation(s) in the workplace. I strongly recommend using one whenever you receive accommodation. It can protect you as well as your Employer. While every Employer is different, your company’s human resources staff should be familiar with this type of document.
What Should an Accommodation Agreement Include?
- In writing
- It is extremely important to capture your accommodation in writing. Anything that is verbal can be disputed by your Employer. It is much harder to dispute a written agreement and its contents.
- Information that is captured in your written Agreement protects you.
- Make sure the entirety of your accommodation is captured within the Agreement.
- Signed by all the Parties
- Having everyone sign binds them to the Agreement.
- It is important that the appropriate people sign. In my view, at a minimum: you and your manager must sign. Depending on the nature of your workplace and reporting relationships to management, your manager’s boss and human resources might sign as well.
- Identify the Start, Review and Renewal dates
- These are important considerations. Accommodations are not necessarily forever. There are legitimate reasons why your accommodations may change. For example, you change jobs, your job changes, or your Employer adopts new technology that affects your accommodation.
- The Agreement should capture when your accommodations start.
- The Review date is usually a touch point, where the Parties come together and discuss or review how the accommodations are working. If necessary, changes or amendments could be required.
- The Renewal date concerns the Agreement’s renewal. When I worked in human resources, I would frame the Agreements I drafted in 12-month periods with language to allow for changes (if necessary) while an Agreement was in force.
- Include copies of any applicable Employer policies and procedures relating to your accommodation
- In my view, it is important to attach copies of applicable policies and procedures as appendices. It is easier to accomplish this when they are available and in force, rather than trying to track down copies after they are eliminated or replaced with updated versions.
- Examples of policies and procedures can include Duty to Accommodate or Code of Conduct.
- Include a copy of your work description
- This is key. Your accommodation should reflect your job duties which are captured in your work description. However, not every Employer is sophisticated to create work descriptions or large enough to warrant them.
- If you have a work description, be sure to attach a copy as an appendix.
- Include a copy of your medical documentation that supports your accommodation
- This is also key. Your accommodation should be buttressed by medical documentation outlining your limitations. This information should be referenced in your Agreement. A copy of the actual medical documentation should be included as an appendix.
- Make sure that you keep a copy of any documentation for your own files.
- Identify the specific accommodation you will receive with relevant details
- This is most important. The Agreement needs to identify your accommodation, this can be very contextual.
- In my view, the language should be clear and concise, avoiding (to the greatest extent possible) any ambiguities.
- Designate whom you need to approach with concerns or questions about the Agreement
- The Agreement should identify whom you can approach with concerns or questions.
- Identify where the Agreement will be kept
- Remember, the Agreement contains private and sensitive information about you and should be kept in a secure location.
- Copies are usually kept in your manager’s office and with human resources (or your personnel file).
- Identify who will have access to the Agreement
- In my view, access to the Agreement needs to be based on the “need to know”. I propose that your manager and human resources should have access to it.
- Depending on the nature of your workplace and reporting relationships to management, your manager’s boss and human resources might require access as well.
- You need to receive a copy of the Agreement too.
- Include the conditions that would require the Parties to review the Agreement
- This type of term is usually limited to unionized workplaces where your job or your terms and conditions of employment may change each time your union and Employer negotiate a new collective agreement.
- Depending on your Employer and nature of your workplace, you may need to include this type of language.
Are Accommodation Agreements Necessary?
Yes, I believe they are necessary. It protects you and codifies your accommodation at work. As I mentioned earlier in this Article, it is extremely important to capture your accommodation in writing. Anything that is verbal can be disputed by your Employer. It is much harder for an Employer to dispute something that is in writing (with their signature) than it is for them to challenge a verbal agreement. A written Accommodation Agreement protects you.
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.