Pharmacy Connection
In December 2024, the Board passed the Human Rights Policy. This policy reflects and consolidates existing expectations of registrants to comply with federal and provincial legislation (including the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act), the Standards of Practice and the Code of Ethics.
This article provides a high-level understanding of the duty to accommodate as understood by the Ontario Human Rights Commission. Understanding this duty will help registrants navigate potential instances of discrimination and/or harassment.
The Ontario Human Rights Commission understanding of the duty to accommodate, informs how the College will understand this term when determining complaints or other regulation-based issues.
According to the Code, service providers (including pharmacists and pharmacy technicians) have a duty to accommodate the needs of people with disabilities to make sure they have equal opportunities, equal access and can enjoy equal benefits.
Defining Duty to Accommodate
Duty to accommodate: Under the Ontario Human Rights Code, people identified by Code grounds are entitled to the same opportunities and benefits as everybody else. In some cases, they may need special arrangements or “accommodations” to take part equally in the social areas the Code covers, such as employment, housing and education. Employers, housing providers, education providers and other parties responsible under the Code have a legal obligation to accommodate Code-identified needs, unless they can prove it would cause them undue hardship. Undue hardship is based on cost, outside sources of funding and health and safety factors.
The principles of accommodation, according to the Ontario Human Rights Commission include[1]
- Respect for dignity
“The duty to accommodate people with disabilities means accommodation must be provided in the way that most respects the dignity of the person, if doing so does not cause undue hardship. Human dignity encompasses individual self-respect, self-worth and inherent worth as a human being.”
- Individualization
“There is no set formula for accommodating people identified by Code grounds. Each person’s needs are unique and must be considered afresh when an accommodation request is made. People sharing the same condition often experience it in very different ways, with different symptoms, limitations and prognoses. In terms of accommodation, what might work for one person may not work for another.Accommodations may need to be re-visited over time to make sure that they continue to meet a person’s needs appropriately.”
- Integration and full participation
“Accommodations should be developed and implemented with a view to maximizing a person’s integration and full participation. Achieving integration and full participation requires barrier-free and inclusive design, as well as removing existing barriers. Where barriers continue to exist because it is impossible to remove them at a given point in time, then accommodations should be provided, up to the point of undue hardship.”
- Inclusive design
“Ensuring integration and full participation means designing society and structures for inclusiveness. Inclusive or “universal” design emphasizes barrier-free environments and equal participation of persons with disabilities with varying levels of ability. It is a preferred approach to removing barriers or making “one-off” accommodations, which assume that existing structures may only need slight modifications to make them acceptable.”
- Appropriate accommodation
“In addition to designing inclusively and removing barriers, organizations must respond to individual requests for accommodation. The duty to accommodate requires that the most appropriate accommodation be determined and provided, unless this causes undue hardship”
Test Your Knowledge: True or False
Use the below educational tool to anonymously test your knowledge on the duty to accommodate.
