Forky Asks a Question: What Makes an Effective Accommodation Policy?
Hear me out for a second. In the 5-movie series of Toy Story, Forky is one of the best characters.
If you haven’t met Forky, he is a plastic spork that Bonnie turns into a toy on her first day of kindergarten using a pipe cleaner, a popsicle stick and googly eyes. Forky is simple, but deeply inquisitive. He asks big questions about where and how he fits in, including “Why am I alive?” and “Am I trash?” Pixar even gave him his own short-film series, Forky Asks a Question, where he asks everything from “What is Cheese?” to “What is Money?” and “What is a Leader?”
With back-to-school season upon us, it feels like the right time to go back to basics and help Forky ask a practical workplace question: “What does an employer need for an effective Accommodation Policy?”
Basic #1 – Have an Accommodation Policy.
The first step to having an effective Accommodation Policy is to have one. Why? It’s legally required.
Ontario employers with 50 or more employees are required to have an Accommodation Policy under the Accessibility for Ontarians with Disabilities Act, 2025 (the “AODA”). Section 28(1) of the Integrated Accessibility Standards under the AODA[1] requires these employers to “develop and have in place a written process for the development of documented individual accommodation plans for employees with disabilities.” Section 29(1) further requires Ontario employers with 50+ employees to “develop and have in place a return to work process for its employees who have been absent from work due to a disability and require disability-related accommodations in order to return to work.” An Accommodation Policy simply and easily fits the bill.
Even for smaller Ontario employers with less than 50 employees, a written Accommodation Policy is at a minimum a best practice, if not a must. While not strictly required as it is for larger organizations, employers with less than 50 employees are required to comply with the Employment Standards under the AODA, which includes the requirement to “inform its employees of its policies used to support its employees with disabilities, including, but not limited to, policies on the provision of job accommodations that take into account an employee’s accessibility needs due to disability.”[2]
A written policy also helps demonstrate compliance with accommodation and return-to-work obligations under the Ontario Human Rights Code (the “Code”) and the Workplace Safety and Insurance Act, 1997 (the “WSIA”).
Basic #2 - Decide what requests for accommodation your Accommodation Policy will speak to.
Workers may require accommodation for a variety of reasons – not just disability. Other common reasons an employee may request accommodation are their family status (i.e., requests related to child or parent care), their religion or creed, or their sex/gender (i.e., pregnancy, menopause). In the majority of cases, an employer’s Accommodation Policy speaks only to the process it will follow to review and respond to requests for accommodation related to a disability or medical need. However, it’s important to remember that the employer’s accommodation obligations under the Code are to take reasonable steps to ensure an employee can work/return to work within the confines of their limitations, regardless of the protected ground under which it’s sought.
The AODA’s minimum process requirements (below) can be adapted to other forms of accommodation requests. Consider making the policy general and inclusive, rather than limited to accommodation of medical-related needs.
Basic #3 - The Core Elements of the Policy.
The Accommodation Policy provides employees with guidance regarding the organization’s process and procedures, including its expectations regarding the employee’s participation in the process. It sets out what steps the employer will follow to respond to accommodation requests/needs, including when an employee returns to work following a leave. It also provides a guide to managers and HR representatives to avoid inconsistency in application and ensure compliance with the organization’s accommodation obligations.
At a minimum, an Accommodation Policy should include the following AODA Employment Standards requirements:
How and to who accommodation is requested – Who does the employee go to with their request for accommodation? In most cases, the request is made to the employee’s Manager or an HR representative, but your organization may have a designated person who receives accommodation requests and coordinates the accommodation process.
An important reminder that while, in most cases, a request for accommodation can and does come directly from the employee, it can also come from the WSIB, the employer’s third-party disability manager or STD/LTD provider, or the employee’s Manager when they notice the employee has been acting or performing differently (i.e., attendance issues or changes in their appearance, performance or behaviour). The latter triggers the employer’s “duty to inquire” by speaking with the employee to determine if the reason for their changed behaviour is related to an accommodation need. The Accommodation Policy should be general enough to address when an accommodation request comes from another source.
Information gathering – Explain what information or documentation the employer may require to assess the accommodation request. Depending on the circumstances, this may include medical information about functional limitations, an independent medical evaluation, information from a faith leader, or objective information about family caregiving needs.
For accommodation requests related to a medical need, the policy should make it clear that employees generally do not need to disclose a diagnosis or treatment plan. The employer is entitled to information about limitations and restrictions relevant to the requested accommodation and the accommodation process.
Employee participation – State that accommodation is a shared responsibility and that employees are expected to participate, cooperate, and comply with their own accommodation obligations. This includes providing reasonable information the employer needs to assess their request for accommodation and identify suitable solutions.
Available support – Explain how an employee may request the participation of a support person, such as a union representative or co-worker, during the process or in the development of an accommodation plan.
Confidentiality – Set out how the employer will protect the privacy of the employee’s personal information. Generally, accommodation-related information should be kept secure, stored separately from the general personnel file, and shared only with those who need it to assess the accommodation request or implement any accommodation offered.
How the employer’s decision will be delivered – Confirm how the employee will be told whether their request is approved or denied. Best practice is to communicate the decision in writing. If the request is denied, provide the reason. If accommodation is approved but differs from the form the employee requested, explain why. Employees are entitled to reasonable accommodation, not necessarily their preferred form of accommodation.
How an approval will be implemented – Where the request for accommodation is approved, the employer must develop a written accommodation plan tailored to the employee’s individual circumstances and accessibility needs. The plan should state whether the accommodation is temporary or permanent, be reviewed with the employee and any support person, be signed by both parties, and be shared with relevant third parties (i.e., the WSIB or the STD/LTD provider) where appropriate.[3].
Accommodation plan reviews – Set out when and how often the plan will be reviewed, what updated information may be required, who the employee can contact with questions, and what happens when accommodation is no longer needed. In short, ensure the accommodation plan speaks to its flexibility to adjust when and as required.
Including these elements helps the employer answer “yes” when asked whether the organization is in compliance with the applicable AODA Employment Standards requirements in filing its Accessibility Compliance Report.[4]
Final Reminders
The Accommodation Policy is a guide. Each accommodation request must be reviewed and considered individually based on its unique facts and circumstances.
Best practice is for the policy to address accommodation throughout the employment lifecycle: job postings, recruitment, assessment and selection of candidates, onboarding, and employment. The AODA Employment Standards require employers to notify members of the public, applicants, and employees about the availability of accommodation and related policies during the applicable phase.[5] ‘
Like Forky, each employer’s Accommodation Policy will be unique. It should reflect the organization’s values, processes, resources and support systems, while still meeting the core legal requirements.
A clear Accommodation Policy evidences the employer’s commitment to meeting its legal obligations. If you need an Accommodation Policy, or are struggling with questions about your accommodation obligations, be like Forky – ask a question. My colleagues and I at Piccolo Heath LLP are available to assist.
[1] O. Reg. 191/11: Integrated Accessibility Standards, Part III-Employment Standards.
[2] O. Reg. 191/11, section 25(1).
[3] Section 28(3) of the AODA Employment Standards also requires individual accommodation plans to include (i) individualized workplace emergency response information, if required; and (ii) spell out the specific accommodation measures/solutions that have been offered/provided, including any special equipment or resources or communication supports.
[4] Under section 14 of the AODA, Ontario employers with 20 or more employees must file an Accessibility Compliance Report every three years. The next deadline is December 31, 2026.
[5] O. Reg. 191/11, sections 22-24.
