Accommodating religious beliefs canada
Although not meant as an exhaustive list, the guidelines highlight major process expectations as articulated by the courts. Original content was reprinted with permission from Jennifer A. While a successful resolution to an accommodation request will vary greatly from one employer to another, more than mere inconvenience or disruption is expected in all situations. As a Sikh, Pannu wears a beard as a tenet of his faith. Ministry of Social Services , 17 C. Readers might recall a Victoria, BC case that drew media attention in early What does undue hardship mean?
The law applies only to those who hold a sincere belief that falls within the broad definition of religion. Generally, you are only obligated to discuss your requirements with management although you should cooperate with experts whose assistance may be required; Allow a reasonable amount of time for your employer to reply or respond to your request; Always participate and cooperate in efforts to make the accommodation work; Be flexible. The council found that the union had discriminated against him by agreeing to shift schedules and rules in the collective agreement that were discriminatory to Drager. Alternatively, where the capabilities of a person are restricted due to a disability, a reasonable accommodation, such as the purchase of an assistive devise, or the restructuring of certain components of their job, may be required in order to allow the disabled person to apply their skills and abilities on a level playing field while still participating in the workforce. While a successful resolution to an accommodation request will vary greatly from one employer to another, more than mere inconvenience or disruption is expected in all situations. Accordingly, the tribunal dismissed the complaint. The latter was at issue in the case Moore v. In most cases, accommodation might be as simple as substituting another day off, with pay, to allow the employee to observe his or her religious holiday. The Board of Inquiry found that the requirement to wear a hard hat is a legitimate safety concern and no accommodation was possible, thus the complaint was dismissed. However, once an employer reaches that point, their legal duty to accommodate may be discharged. Employers should recognize that the Code requires a complainant, such as an employee or former employee, to establish that a prohibited ground, such as religion, was only a single factor in the discrimination; not the sole or even the most significant factor. The tribunal held that accommodating Pannu would cause undue hardship to the employer. The accommodation process can sometimes seem confusing and intimidating. The employer dismissed Myert during his probation period after he took another day off work, unauthorized by his employer, for religious observance. Practice and Procedure Aurora, Ont. Factors that are used by the courts to assess the threshold include: For example, other less experienced employees would otherwise have to carry out emergency procedures, increasing the magnitude of risk to them and the employer. As a process, accommodation seeks to resolve conflicts by balancing the rights and interests of a diverse society. In another case, Dairyland Foods and its union discriminated against Daniel Drager by dismissing him from employment for failing to work on his sabbath Drager v. Although not meant as an exhaustive list, the guidelines highlight major process expectations as articulated by the courts. The guidelines are derived from case law and present clear direction on process expectations. Know your legal obligations. As a Sikh, Pannu wears a beard as a tenet of his faith. Often, the best solutions are achieved when those involved cooperate with one another and respect each of their corresponding roles and responsibilities. Guidance for those seeking accommodation Just as the courts have provided guidelines for employers in the accommodation process, so too have they commented on corresponding roles and responsibilities of those seeking accommodation.
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