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Navigating Workplace Mental Health Accommodations

Two restaurant workers talking and planning.

In the tourism and hospitality industry, creating memorable experiences for guests is paramount. However, it’s equally crucial to prioritize the mental health and well-being of your team. But how can leaders effectively support employees facing mental health challenges while navigating legal and ethical considerations?

This guide offers a quick overview of the essential concepts every tourism and hospitality leader should understand: the duty to inquire, the duty to accommodate, key terminology, and your role and responsibilities in fostering a supportive workplace.

Understanding Your Legal and Ethical Obligations

In Canada, employers have both a legal and ethical responsibility to provide a safe and inclusive workplace for all employees, regardless of their mental health. This responsibility centers around two key concepts: the duty to inquire and the duty to accommodate.

The Duty to Inquire

As a manager, you’re often the first point of contact for your team. Recognizing when an employee may be struggling is a critical first step. In British Columbia, you have a duty to inquire when you observe unusual behavior or significant changes in an employee’s performance or demeanor.

What can this look like in practice?

Example: A typically punctual and enthusiastic server starts arriving late, seems withdrawn and making frequent errors. This prompts your duty to inquire.

Key changes to watch for:

  • Changes from past consistent behaviour
  • Unusual changes in work performance
  • Decreased work interest or involvement
  • Lack of cooperation with colleagues
  • Decreased productivity
  • Increased absences
  • Difficulty concentrating, making decisions or remembering things

What to do:

Initiating the conversation can be sensitive, but essential. Focus on your observations, not assumptions about their mental state. 

“I’ve noticed you haven’t seemed yourself lately, and I’m concerned. Is there anything affecting your work that you’d like to discuss?” 

The Duty to Accommodate

Once an employee discloses a mental health concern impacting their work, you have a duty to accommodate their needs, up to the point of undue hardship. Accommodation involves making reasonable adjustments to the job or work environment to allow the employee to perform the essential functions of their role. 

What can this look like in practice?

Example:  A hotel front desk clerk experiencing anxiety requests a shift change to avoid peak check-in times. 

Examples of potential accommodations:

  • Flexible scheduling: Adjusted start/end times, part-time shifts, more frequent breaks
  • Modified supervision: Written instructions, regular check-ins
  • Training Adjustments: Extra time to learn, individualized training
  • Modified Job Duties: Task swapping, workload adjustments
  • Workspace Changes: Quiet workspace, the ability to work from home if appropriate.

Undue Hardship and Bona Fide Occupational Requirements

As you navigate the accommodation process, it’s vital to understand these two essential legal concepts. 

Undue Hardship

There are limits to the accommodations an employer must provide. If an accommodation creates significant difficulty or expense, disrupts operations, or compromises safety, it may be considered an undue hardship. 

Considerations: Cost, size and resources of the business, impact on operations. 

Bona Fide Occupational Requirements

A bone fide occupational requirement is a job requirement that is essential for safe and efficient performance. If a job duty is a bone fide occupational requirement, it cannot be modified or removed to accommodate an employee. 

Example:A tour bus driver must possess a valid license and excellent vision to ensure the safety of passengers. 

Your Role as a Manager: Fostering a Supportive Workplace

As a manager, you’re not expected to be a mental health expert or therapist. Your primary responsibility is to create a workplace where employees feel safe, supported, and respected. 

Key responsibilities:

  • Prioritize accommodation requests.
  • Use trauma-informed leadership principles (recognizing that past trauma can impact employee behavior).
  • Assess each case individually.
  • Act promptly.
  • Gather information respectfully and confidentially.
  • Identify barriers to participation.
  • Explore creative solutions.
  • Collaborate with the employee.
  • Act quickly and document thoroughly.
  • Treat staff equitably.
  • Protect privacy and dignity.
  • Participate in good faith.
  • Ensure meaningful work assignments.
  • Regularly review and adjust accommodations as needed.

Creating a mentally healthy workplace is not just a legal obligation; it’s an investment in your team’s well-being, productivity, and the success of your business.  

Want to take a deeper dive? Register for our People Working Well course on the topic: Building Psychologically Safe Workplaces – Duty to Accommodate/Duty to Inquire. This virtual training will equip you with more the tools and knowledge you need to confidently navigate workplace mental health accommodations and create a truly supportive environment for your team. 

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