The evolution of accommodationBy Ron LeClair02/24/2003|Canadian HR Reporter|Last Updated: 09/04/2003 Since its acceptance into Canadian human rights law in the mid-1980s, the duty to accommodate has been evolving and expanding.The duty to accommodate arises where discrimination is found to exist in a workplace policy or rule. Initially, human rights law made a distinction between direct and indirect discrimination.A workplace rule or policy which resulted in direct discrimination was either struck down by an adjudicator, or in some cases, permitted as a bona fide occupational requirement. Indirect discrimination was the result of a policy or rule that appeared neutral (such as the requirement that an employee wear a hard hat) but which had an exclusionary effect on an employee or group of employees (such as an employee who was required to wear a turban as a tenet of his religious faith). In cases where indirect discrimination was found to exist, the focus was not on the employer’s rules or policies, but rather on individual accommodation. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.