Reasonable Accommodations: Bona Fide Requirements and Undue Hardship

Relevant Policy: Accommodation Policy.
Capitalized terms below are defined in the policy.

Individuals who experience barriers in their employment, service access, tenancy and other protected areas that arise from a protected ground(s) are entitled to reasonable, but not unlimited, Accommodations.

The University of Alberta is an employer, landlord and service provider and is required to provide reasonable accommodations in all of these areas. While the university is made up of numerous smaller units, programs, and campuses, each accommodation request is reviewed from a university-wide perspective while taking the area-specific circumstances into account. As such, there are limits on the university’s duty to provide reasonable accommodations where a practice, standard, decision or rule cannot be changed. These limits exist where the university can show that the discriminatory practice, standard, decision or rule is a Bona Fide Requirement (BFR) or a Bona Fide Occupational Requirement (BFOR) and/or that accommodation would impose Undue Hardship.

Bona Fide Requirements / Bona Fide Occupational Requirements

 

Legal Test

BFRs and BFORs refer to those areas that cannot be changed because of necessary standards. The determination as to whether a practice, standard, decision or rule is a BFR or BFOR is guided by a legal test. To establish a BFR or BFOR, the university must demonstrate that the practice, standard, decision or rule: 

a. was adopted for a rational purpose connected to the academic program, performance of the job or the provision of the service,

b. was adopted in an honest and good faith belief that it was necessary to fulfill the academic program, job or service, and

c. is reasonable and necessary to fulfill the academic program, job and/or service. 

 

Establishing BFRs / BFORs

BFRs/BFORs are determined by the senior leadership of a program of study, faculty, or workplace in accordance with employment, health and safety, and certification standards. BFRs/BFORs cannot be generalized because they apply specifically to individual  positions, roles, programs, work responsibilities, or learning outcomes. 

Course learning objectives or outcomes should not be confused with BFRs. There may be multiple methods by which to demonstrate essential course or program competencies, without compromising academic standards. 

Similarly, the requirements of an employment position should not be confused with BFORs. There may be multiple methods by which to complete an assigned work task, without compromising workplace standards or quality of work.

Instructors, supervisors, and others who wish to establish BFRs/BFORs for their area should contact their Dean’s office or senior leadership to initiate a review.

 

Examples

Some examples of BFRs and BFORs include (but are not limited to) the folowing:

  • The dispensing of medication must occur within specified time limits.
  • Certain jobs require faculty or staff to have a valid driver’s license.
  • Certain lab work must be completed in a specific lab environment.
  • Certain learning activities require the direct supervision of specially trained staff.
  • Certain roles or tasks are subject to external accreditation, licensing, certification, operation, and other regulatory requirements.
  • Certain roles require the ability to lift over 25 pounds.

 

Undue Hardship

Undue hardship occurs when an accommodation would create significantly onerous conditions for the university such as intolerable financial costs or serious disruption to the organization. The threshold of undue hardship is high and contemplates that some degree of hardship - including some inconvenience, disruption, additional labour or resources - may be required in order to provide reasonable accommodations.

According to the Alberta Human Rights Commission guidelines, other factors that may determine undue hardship include:

  • available university resources (e.g., funding, staffing, facilities, equipment),
  • the ability to adjust positions, roles, duties, or job location, and/or
  • health and safety concerns.

Undue hardship is unique to every situation. Certain accommodations may create undue hardship in one context but not another. 


Considerations in Determining Undue Hardship

  • Each accommodation request is handled on a case-by-case basis.
  • Individual faculty or staff cannot independently determine that the point of undue hardship has been reached in either student or faculty or staff accommodation cases. If any faculty, staff, or other Accommodation Collaborators think that the implementation of a specific accommodation may not be possible, they should promptly notify the Office of the Dean of Students (in cases of student accommodations) or Human Resources, Health, Safety and Environment (in cases of faculty or staff accommodations)  to request that an undue hardship assessment be undertaken.
  • Undue hardship assessments are undertaken and approved by: 
    • the Vice-Provost, Dean of Students in cases of student accommodations, or 
    • the Associate Vice-President, Human Resources, Health, Safety and Environment in cases of faculty or staff accommodations.
  • Undue hardship assessments evaluate the potential resources (e.g., staffing, funding, equipment, documentation) or changes (e.g., to academic or job requirements, procedures, tasks, scheduling) needed to implement a specific accommodation.  
  • Faculty, staff and other accommodation collaborators associated with the unit in which the accommodation is being sought may be asked to participate in undue hardship assessments. 
  • An undue hardship assessment often requires additional information, for example, about: 
    • BFRs or BFORs,
    • health and safety regulations,
    • resources needed to complete tasks or purchase equipment,
    • staffing, scheduling, or procedures,
    • course outlines, learning outcomes or essential competencies, and/or
    • external accreditation, licensing, certification, operation, and other regulatory requirements.
  • If it is determined that the point of undue hardship has been reached and a specific accommodation cannot be implemented, the accommodation collaborators should consider and implement alternative reasonable accommodations.

Additional Assistance

For information and advice on reasonable accommodations, BFRs/BFORs and undue hardship: 

  • regarding faculty or staff accommodations, please contact the unit supervisor, HR partner or Health Recovery and Return to Work Consultant at recovery@ualberta.ca.
  • regarding student accommodations, please contact Student Success and Experience (SSE) at sse@ualberta.ca.