Interim Accommodation Procedures
ACCOMMODATIONS COMMITTEE PROCEDURES
Interim Procedures for addressing an Application from a University Employee for the Accommodation of a Limitation associated with a Protected Characteristic other than a Physical or Mental Disability.
Introduction
1. On an interim basis, these procedures (Procedures) will be used by the University to address an application from a University employee for the accommodation of a limitation associated with a protected characteristic, other than physical or mental disability, under British Columbia鈥檚 Human Rights Code (Protected Characteristic).
2. An employee (Applicant) who has a Protected Characteristic may apply under these Procedures to the Accommodation Committee (AC) established by these Procedures for the accommodation of a limitation associated with that Protected Characteristic.
3. An application for the accommodation of a limitation associated with a physical or mental disability will continue to be addressed by the University鈥檚 Wellness & Recovery Office using the procedures established by that Office.
The Accommodation Committee
4. The University will establish a committee of three members to:
a) receive an application (鈥淎ccommodation Application鈥�) from an Applicant for the accommodation of a limitation associated with a Protected Characteristic;
b) review an Accommodation Application for completeness and sufficiency;
c) identify an Accommodation Application which is incomplete or deficient;
d) notify an Applicant whose Accommodation Application is incomplete of what is required for completeness or whose Accommodation Application is deficient of the deficiency/ies;
e) provide an Applicant who has been so notified with a reasonable opportunity to complete the Accommodation Application or correct the deficiency/ies;
f) assess, under these Procedures, an Accommodation Application which is complete and sufficient and decide whether an accommodation is required; and
g) in a case where an accommodation is required,
i design the accommodation in consultation with the Accommodation Applicant鈥檚 manager or supervisor, as applicable;
ii offer the accommodation to the Accommodation Applicant; and
iii in conformity with the University鈥檚 duty to monitor an accommodation, oversee the ongoing implementation of the accommodation.
4.1. The University may establish such additional ACs as the University deems are necessary to respond in a timely and effective way to the number of Accommodation Applications which are being made under these Procedures. Each additional AC will be comprised of three members and will have the same authority and obligations under these Procedures as the AC established under section 4, above.
5. In relation to the AC鈥檚 discharge of the responsibilities set out immediately above, the AC may:
a) consult with any of: the Applicant; the Applicant鈥檚 manager or supervisor, as applicable; subject to the Applicant鈥檚 consent, the Applicant鈥檚 Union or Association, as applicable; Human Resources; Faculty Relations; or any combination of them; and
b) utilize such clerical, administrative, and other support as the AC may require.
Accommodation Application
6. An Applicant must use the form provided by the AC to make an Accommodation Application
Processing of an Accommodation Application
7. On receipt of an Accommodation Application, the AC will assess whether the Applicant has identified as a basis for applying for an accommodation:
a) at least one Protected Characteristic;
b) at least one limitation associated with the identified Protected Characteristic/s;
c) the employer rule/s or practice/s in relation to which the Applicant has experienced or will experience an adverse impact as a result of the identified limitation/s; and
d) the adverse impact/s in question.
8. Where reasonably necessary or where reasonably requested by the AC, the Applicant will provide further information including appropriate documentation or appropriate additional documentation, as the case may be, to support the Accommodation Application.
Core Principles
9. The following core principles will apply to every Accommodation Application:
a) when designing an accommodation, the AC will apply the undue hardship test;
b) an Applicant is required to cooperate with the AC both during the assessment of an Accommodation Application and with the AC and the Applicant鈥檚 manager or supervisor, as the case may be, during the implementation of an accommodation;
c) an Applicant who is entitled to an accommodation is entitled to a reasonable accommodation not a preferred accommodation;
d) each Accommodation Application will be assessed and determined on its particular facts utilizing the relevant legal principles;
e) once implemented, an accommodation will be managed on a dynamic basis which may, if necessary, include referral back to the AC for further consideration of the design of the accommodation;
f) the AC may design and implement an interim accommodation in which case the AC will set a specific time for the interim accommodation to be returned to the AC for further assessment;
g) at any time, an Applicant may obtain assistance from the Applicant鈥檚 Union or Association, as the case may be, in connection with an Accommodation Application;
h) an Applicant who does not cooperate with the AC or who refuses the AC鈥檚 offer of a reasonable accommodation may or will lose the right to be accommodated; and
i) participants in the accommodation process are expected to conduct themselves at all times in a cooperative and collaborative manner.
Revision
10. The University will monitor the effectiveness and sufficiency of these Procedures and may revise them at any time to address any issues of ineffectiveness or insufficiency which may arise or to make identified improvements.