Q: I have an airborne nut allergy, and my co-workers keep bringing snacks with nuts in them to the office. I told my manager about it, but they don’t seem to be acting fast enough. What can I do to be taken seriously?
A: Serious allergies that can be potentially life threatening are viewed as disabilities under Ontario’s Human Rights Code.
An airborne nut allergy can make it difficult — or even dangerous — to do your job. If it’s creating barriers in the workplace, your employer has a legal obligation to act.
If this is the case, your employer must accommodate you to the point of undue hardship.
Undue hardship is a high threshold an employer must meet to legally be excused from providing accommodation, and employers are required to come up with strategies to avoid undue hardship.
A high probability of substantial harm to the company (for example, financially), would constitute as undue hardship.
How to address serious allergies not being accommodated in the workplace
Escalate your concern to your company’s HR team/representative, or a manager above the individual you have already spoken to about your allergy. Clearly outline your needs in writing.
It is on your employer to accept your request for accommodation in good faith, unless there are strong reasons to behave otherwise.
Accommodation is to be offered on a case-by-case basis to meet the needs of the specific employee. Your employer must maintain confidentiality when addressing accommodation requests.
In your situation, your employer may enforce a strict nut-free environment to ensure your health and safety is preserved while in the office. They may communicate that an employee has a nut allergy in company-wide notices without disclosing your identity.
The Ontario Human Rights Commission (OHRC) also states that employers may get expert advice when needed when it comes to approaching accommodation requests.
They must be proactive and research numerous forms of possible solutions and accommodation.
Remind your HR representative/senior manager that the OHRC states that accommodation requests must be addressed in a timely manner.
If your company requests a medical note confirming your serious allergy, the OHRC states your employer must pay the cost for such documentation.
Your employer is also obligated to keep a record of the accommodation request and make note of the steps taken in addressing your needs.
What to do if your accommodation request is still not being acknowledged or is denied
If your request is denied, ask your employer to provide the reason in writing.
This is necessary evidence to use if your employer’s reasoning does not prove undue hardship.
If your request has simply not been acknowledged after a reasonable amount of time has passed, your next step would be to collect documentation, including your original accommodation request and your escalated request.
You may then use this documentation to file a human rights complaint with the Human Rights Tribunal of Ontario.
You may also consult an employment lawyer to guide you through your options.
