This paper discusses current issues being addressed by human rights tribunals, arbitrators and the courts with respect to the employers’ duty to accommodate. The author provides an analysis of case law which highlights the challenges faced in attempting to accommodate employees with complex needs. In particular, the paper provides an overview of recent cases which discuss the problem of identifying the employer to the accommodation process where conduct arises from a party who would not normally be considered an employer of the complainant. The author concludes with a brief overview of ‘family status’ as a prohibited ground of discrimination, including a discussion of Devaney v ZRV Holdings Ltd which looked at an employee’s need for a flexible work arrangement to care for his elderly mother.

This paper was presented at the Employment Law Update program held in October and November of 2012.