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HRPA & The Legal Duty to Accommodate

  • Writer: Gillian Forth
    Gillian Forth
  • May 19
  • 2 min read

Updated: Jun 29

"Gill Forth stands at a wooden podium presenting in a bright conference room. Behind her, a projected slide lists four bullet points about workplace accommodation, including that the duty to accommodate is a legal minimum, that neurodivergent barriers often stem from workplace design, that HR plays a critical role in operationalizing accommodation, and that proactive barrier removal reduces legal risk and improves retention. A stepping stone path image appears on the left side of the slide."

🗣️ Today I’m speaking with HRPA - Human Resources Professionals Association about the Legal Duty to Accommodate.


⚖️ What is the duty to accommodate in practice?


Most organizations think they understand the legal duty to accommodate.


They understand it to be the obligation to provide an #accommodation to an employee with a #disability when an employee asks for it.


They see it living with #HR and an insurance company.


The Legal Duty to Accommodate, including the Duty to Inquire, go beyond this AND they're still the minimum when it comes to removing barriers.


The minimum legal requirements for employers are the floor, not the ceiling.


For neurodivergent workers, those barriers are everywhere and often invisible:

• rigid schedules that ignore energy variability

• sensory hostile environments

• vague expectations disguised as “flexibility”

• managers who outsource responsibility the second “accommodation” comes up


If your system only works for people who don’t need accommodations, your system is the problem.


Accommodation isn’t a favour. It’s a legal obligation grounded in dignity, inclusion, and participation.


And yet, most workplaces still default to:

“Go talk to HR”

“Do you have documentation?”

“Let’s wait and see”

"That's against our policy, so no."


That’s not compliance and it's reducing the effectiveness of your team.


"Gill Forth gestures while speaking at a wooden podium to a seated audience. The projected slide is titled 'Understanding Neurodivergence at Work' and lists examples including ADHD, Autism, Dyslexia, Dyspraxia, and Tourette syndrome, with a note that accommodation is about barriers, not diagnostic labels. A blue illustrated silhouette of a head with puzzle pieces is shown on the left side of the slide. A video camera on a tripod is visible to the right."

I’ll be speaking with Human Resources Professionals Association about this exact gap:

➡️ What the duty to accommodate actually requires in practice

➡️ Where organizations are getting it wrong

➡️ How to shift from individual fixes to systemic barrier removal

➡️ What neurodivergent-inclusive workplaces look like when done properly.


If you’re a leader or HR professional, here’s the question you should be asking yourself:


Are we accommodating people…or are we designing systems that make accommodation constantly necessary?


"Gill Forth stands at a wooden podium presenting in a bright conference room. Behind her, a projected slide lists four bullet points about workplace accommodation, including that the duty to accommodate is a legal minimum, that neurodivergent barriers often stem from workplace design, that HR plays a critical role in operationalizing accommodation, and that proactive barrier removal reduces legal risk and improves retention. A stepping stone path image appears on the left side of the slide."

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📢 If your interested in equipping your team with the knowledge, skills, and confidence to support neurodiverse teams, I'd love to share more about my Neuroinclusive Leadership Lab! 👩‍🏫

🧠 This training is for leaders who want to know exactly how to handle conversations about disability, accommodations, and neuroinclusive specific management practices.

 
 
 

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