Canadian Employment Law Today

Canadian HR Reporter, 2019 quired to supply vegan meals in workplace cafeterias and take other actions, such as eschewing animal-based materials such as leather in employee uniforms. Broad expectations for accommodation Accommodation expectations are broad in Ontario. Employers are required to ac- commodate to the point of undue hard- ship, a high threshold typically defined as the point at which said accommodation has a sufficiently negative material impact on their business that it could threaten its continued successful operation, or at which said accommodation has a suffi- ciently negative impact on health and safe- ty. In other words, even if the accommo- dative act incurs a cost or inconvenience to the employer, it may not be deemed unreasonable unless the cost is such that it would prevent the business from con- tinuing to operate. If the accommoda- tion request conflicts with an accepted workplace standard or practice, employ- ers may still be required to take efforts to accommodate to the best of their abilities. However, if the necessary accommodation would compromise health and safety, the employer likely would not be required to implement the accommodation. If an organization employed an individual who identified as a bodybuilder and whose life outside the workplace was defined by a strict weightlifting and nutrition regimen and who requested accommodation to suit that lifestyle, would an employer need to take action? What about a devoted yoga practitioner whose spiritual beliefs deemed it necessary to make time to practice during the workday? ese may sound like ludi - crous hypotheticals, but with such a broad definition, we won't fully know the answer until the OHRC issues a ruling in the Knauff case, as well as other creed-related human rights complaints that are sure to emerge in the years ahead. e good news is this: Even though the OHRC's move to expand the creed defini - tion has created potential risk exposures for employers, the odds of legions of employees suddenly making overly challenging accom- modation requests are slim. However, there could be some such requests. As a best prac- tice, employers should think proactively and take efforts to set policies around employee accommodation in their workplace policy manuals. In most cases, accommodation can be an easy process that can help position an organization as a generous, compassionate and understanding employer of choice. If an employee needs a vegan option in a corpo - rate dining hall, making sure that one is avail- able is a relatively easily fulfilled request. In the meantime, we'll wait to see if ethi- cal veganism qualifies as a creed and wheth- er a rethinking of accommodation practices is on the menu for Ontario employers. September 11, 2019 | Canadian Employment Law Today ABOUT THE AUTHOR Laura Williams Laura Williams is the founder and principal of Williams HR Law, a human resources law firm in Markham, Ont., serving employers exclusively. She can be reached at (905) 205-0496 or lwilliams@williamshrlaw.com. CREDIT: FOXYS FOREST MANUFACTURE/SHUTTERSTOCK If an employee needs a vegan option, making sure one is available is a relatively easily fulfilled request.

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