Condominium corporations must accommodate persons with disabilities, when provided medical documentation. The Ontario Human Rights Commission released a new policy statement, which clarified what medical documentation is required when disability-related accommodation requests are made.
According to the new policy statement, the type of information condo corporations should ask for when accommodations are requested are:
Proof that the person has a disability;
The limitations or needs associated with the disability;
Whether the person can perform the essential duties or requirements of being an employee, occupant or condo service user, with or without accommodation;
The type of accommodation needed to fulfill required duties; and
Regular updates about the person’s health and when they are expected to come back to work at the condo, if they are an employee on leave.
The new policy statement means that medical professionals must be mindful in preparing useful materials, and detailed letters for their patients. If a condo corporation requires additional information, they are entitled to ask the person to provide further information from their health care provider. If the condo corporation requires further information, it should only ask for relevant information to ensure intrusion on the person’s privacy is avoided.
It is the duty of condo corporations to accommodate persons with disabilities. That duty is subject, however, to a person making a request for accommodation that is supported by medical documentation and sufficient evidence.
The request must be supported with the specific information laid out by the OHRC’s new policy statement.
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