12 Things Your Alberta Employer Cannot Do When You Request Accommodation
Under the Alberta Human Rights Act, employers have strict obligations when an employee requests workplace accommodation. Here are 12 things your employer is legally prohibited from doing:
1. They Cannot Demand Your Diagnosis
Your employer is entitled to know:
- Your functional limitations (what you can't do)
- What accommodations you need
- Expected duration
They are NOT entitled to know:
- Your specific diagnosis
- Your medications
- Your treatment details
- Your medical history
Our accommodation letters are carefully worded to describe limitations without revealing your diagnosis.
2. They Cannot Ignore Your Request
Once you submit an accommodation request, your employer must:
- Acknowledge receipt
- Begin the accommodation process
- Actively explore solutions
- Respond within a reasonable timeframe (typically 2-4 weeks)
Silence or inaction IS a denial — and it's illegal.
3. They Cannot Say "No" Without Proving Undue Hardship
The burden of proof is on the employer. They must demonstrate:
- They explored ALL reasonable alternatives
- Every single option would cause significant difficulty or expense
- The hardship is "undue" — not just inconvenient
For large employers (government, corporations, healthcare systems), undue hardship is nearly impossible to prove for standard accommodations.
4. They Cannot Fire You for Requesting Accommodation
Terminating an employee for requesting accommodation is:
- Illegal retaliation under the AHRA
- Grounds for a human rights complaint
- Potentially grounds for wrongful dismissal damages
This protection applies even during probation.
5. They Cannot Reduce Your Hours or Pay
Penalizing you financially for requesting accommodation is discrimination. This includes:
- Reducing scheduled hours
- Removing overtime opportunities
- Cutting bonuses or commissions
- Reducing benefits
6. They Cannot Demote You
Moving you to a lower position, removing responsibilities, or changing your title in response to an accommodation request is illegal retaliation.
7. They Cannot Tell Your Coworkers About Your Condition
Your accommodation request is confidential. Your employer cannot:
- Discuss your condition with colleagues
- Explain why you have "special" arrangements
- Post your accommodation details publicly
- Share your medical documentation
If coworkers ask, the employer should simply say "we accommodate individual needs as required by law."
8. They Cannot Require You to "Prove" You're Disabled
A physician's letter documenting functional limitations is sufficient. Your employer cannot:
- Require you to see their chosen doctor (in most cases)
- Demand psychological testing
- Require multiple medical opinions
- Ask for "proof" beyond reasonable documentation
9. They Cannot Apply a One-Size-Fits-All Policy
Accommodation must be individualized. Your employer cannot:
- Apply a blanket policy to all accommodation requests
- Say "we don't do remote work for anyone"
- Refuse because "no one else has needed this"
- Apply a rigid return-to-work protocol without individual assessment
10. They Cannot Set Unreasonable Timelines
While accommodation doesn't need to be instant, your employer cannot:
- Delay indefinitely without explanation
- Require you to wait months for simple accommodations
- Use "we're still reviewing" as a permanent stall tactic
Standard timeline: 2-4 weeks for most accommodations.
11. They Cannot Retaliate Through Performance Reviews
If your performance issues are related to your unaccommodated condition, your employer cannot:
- Give negative reviews based on pre-accommodation performance
- Set impossible standards knowing your limitations
- Use performance management as a backdoor to termination
12. They Cannot Force You to Accept Inadequate Accommodation
While you must accept "reasonable" accommodation, you don't have to accept:
- Accommodation that doesn't address your limitations
- Accommodation that creates new problems
- Accommodation that's clearly inadequate
You have the right to re-engage in the process if the initial accommodation isn't working.
What to Do If Your Employer Violates These Rules
Document Everything
- Save all emails and written communications
- Note dates, times, and witnesses for verbal interactions
- Keep copies of your accommodation request and medical documentation
File a Complaint
- Alberta Human Rights Commission: free process, no lawyer needed
- Time limit: 1 year from the discriminatory act
- Phone: 780-427-7661 (Edmonton) or 403-297-6571 (Calgary)
Consider Legal Counsel
- Many employment lawyers offer free consultations
- Wrongful dismissal claims can result in significant damages
- Human rights complaints can result in compensation for dignity
Get Proper Documentation First
The strongest protection starts with proper documentation. MedLetter provides comprehensive accommodation letters that:
- Clearly state functional limitations
- Recommend specific accommodations
- Reference the Alberta Human Rights Act
- Are formatted for HR departments
- Include physician credentials
Same-day delivery. $49. Accepted by all Alberta employers.
Frequently Asked Questions
Can I get a sick note online in Alberta?
Yes. CPSA-registered physicians can assess patients through virtual consultations and issue legally valid sick notes. Online notes carry the same legal weight as in-person notes.
How much does an online sick note cost in Alberta?
MedLetter charges a flat fee of $49 for a sick note, with same-day delivery. This is often faster and more convenient than visiting a walk-in clinic.
Will my employer accept an online sick note?
Yes. All Alberta employers must accept sick notes from licensed physicians. There is no legal distinction between documentation from virtual vs. in-person consultations.
How long does it take to get a sick note from MedLetter?
Most sick notes are delivered within 2-6 hours of submission. Same-day delivery is standard for requests submitted during business hours.