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Discrimination Law

Duty of the Employee Requiring Accommodation

As a practical matter, the employee must participate in assisting the employer, union and/or a co-worker in discharging the duty to accommodate. The main responsibility of the employee in this regard is to provide timely notice as to both the existence and the nature of their needs for an accommodation.

This duty recognizes the precarious position of an employer who must identify and obtain information relating to the individual's needs to be accommodated without violating the provisions of the human rights legislation or otherwise infringing upon the person's right to privacy.

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