In our last article, we discussed how employers, landlords, and service providers sometimes need to involve others in the accommodation process. In this article, we explore involving medical professionals or other consultants in the accommodation process.
Involving Medical Professionals or Other Consultants in the Accommodation Process
A person needing accommodation often begins the process by disclosing that they have a disability. In some cases, they approach their employer, landlord, or a service provider with a letter from a professional who states that the person has a disability. For instance, professionals who can offer proof of disability include:
- Family doctors
- Nurse practitioners
- Psychologists, psychological associates, or psychiatrists
- Physiotherapists or occupational therapists
- Audiologists or speech-language pathologists
- Optometrists or ophthalmologists
- Neurologists
- Chiropractors
Alternatively, the employer, landlord, or service provider may ask for information about a person’s disability or accommodation needs. For example, an employer may request that a worker ask for a second medical opinion. However, the employer is required to cover the cost of any testing or other proof they request. Moreover, organizations have a duty to provide accommodations while they wait for the results of these tests.
For instance, a worker may be waiting for a test to diagnose whether they have a learning disability. In the meantime, they have requested to record meetings as a workplace accommodation. The employer must accommodate the worker, even though they do not yet have an official diagnosis.
Likewise, some workers, tenants, or clients may never have a firm diagnosis. However, they may have written confirmation from a professional describing their functional limitations and their needs. Therefore, employers, landlords, and service providers must accommodate, even in situations when the person being accommodated does not know precisely why their supports are needed.
For example, a diner may experience extreme sensitivity to certain foods. However, medical professionals may not be able to determine exactly what the diner’s medical condition is. Nonetheless, the diner may require service accommodations from restaurants, such as detailed lists of ingredients, or meal preparation in environments free from certain foods.
Questioning Professional Opinions
In most cases, accommodation providers will not need to question the information that professionals provide about someone’s disability-related needs. For instance, an employer may try to avoid providing accommodations for a worker with a mental health disability by questioning whether the worker truly has a disability. Moreover, the employer may use stereotypes and stigma about people with mental health disabilities to make this argument. However, the assessment of a professional, such as a psychologist, is more important than the opinions of people who have little personal experience of disability. As a result, the employer should not question the doctor’s assessment that the worker needs disability-related accommodations.
In contrast, accommodation providers may sometimes ask for more information about a person’s abilities and needs. For example, a worker who experiences chronic pain may ask for the accommodation of frequent breaks. When requesting the accommodation, the worker may not want to mention disability, because of the potential for stigma. However, the employer may need the worker to confirm that they have a disability, and that this disability is the reason for the accommodation request. Nonetheless, the employer does not need to know exactly what the worker’s disability is before they provide the accommodation.
Independent Medical Examinations (IMEs)
In addition, employers, landlords, and service providers can also ask for an independent medical examination (ime) to receive a second professional opinion about someone’s accommodation needs. For instance, as a tenant’s disability changes over time, a landlord may wonder whether a different housing accommodation may enhance the tenant’s independence. If two professionals differ in their assessment of the functions someone can perform, or the accommodations they need, the accommodation provider and the person needing the accommodations must determine which assessment to follow. This decision could be based on factors such as:
- The professionals’ levels of experience
- Familiarity with the person they are assessing
- Assessment methods
Involving medical professionals or other consultants in the accommodation process is not always needed. However, it can help organizations providing accommodations to recognize and fulfill their duties under the Ontario Human Rights Code.