Employers are increasingly having to navigate complex situations involving medical absences, chronic conditions, and return-to-work planning. These cases often raise difficult questions: What information can employers request? What if the employee declines to participate in assessments? And at what point does the duty to accommodate end?

The Saskatchewan Court of Appeal’s 2024 decision in Baildon (Rural Municipality) v. Gronvold, 2024 SKCA 73, provides guidance on these challenges. The court clarified the scope and limits of the duty to accommodate and confirmed that an employee’s own conduct may bring that duty to an end. This article reviews key takeaways from Baildon and provides practical guidance for employers.

Under The Saskatchewan Human Rights Code, employers must accommodate disability to the point of undue hardship. Disability is interpreted broadly and includes physical, mental, episodic, temporary, and injury-related conditions. The duty to accommodate is triggered when a workplace rule or requirement adversely affects an employee because of disability. Once triggered, employers must consider reasonable adjustments to allow the employee to remain meaningfully engaged in the workplace.

Accommodation must be reasonable, not perfect, and may include things like modified duties, adjusted schedules, leave, or return-to-work plans. The duty continues only until undue hardship is reached – when further accommodation would be impracticable, speculative, or...

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