Investigations

Accommodations in workplace investigations

Rachel Maxcy, BHRLR  ·  Updated October 26, 2026

An investigation is only as good as its fairness and its facts. Both depend on a well-planned, clear process that treats everyone fairly.

When someone cannot take part fully because of a disability, a mental health condition, neurodivergence or the effects of trauma, the account is incomplete, and the findings are harder to defend. Accommodating participants is part of getting the facts right.

Many employees never tell their employer about a mental health condition, or that they are struggling outside of work. Some find ways to function at work without anyone knowing, for example with ADHD, a learning disability or autism. Experiencing bullying and harassment can also trigger trauma and lead to anxiety, depression and other serious mental health effects (such as suicidal ideation or self-harm).

With this in mind, and for consistency, we follow the same best practices for anyone who needs accommodations during what can be a very stressful process. The approach below respects both confidentiality and the person.

Rachel Maxcy is an independent workplace investigator based in Vancouver, British Columbia. We conduct investigations for organizations in British Columbia, Alberta and Ontario, and for remote workplaces.

How are participants accommodated during an investigation?

Every participant is asked in writing, before any interview, whether they need any accommodations to take part. No diagnosis or further disclosure is required. The question is what would help, not why. The same accommodations apply to complainants, respondents, and witnesses to ensure procedural fairness.

Examples of accommodations provided:

  • Shorter sessions. Interviews run shorter and are broken up. For example, 30 minutes or 60 minutes per session, spread over more than one day, with breaks agreed in advance.
  • A written roadmap. Sent ahead of time, it sets out the purpose of the interview, start and end times, who will attend, when breaks fall and the order of topics.
  • Time to prepare. The areas or themes covered, with example questions to be covered, are shared 48 to 72 hours before the interview.
  • A clear process document. Everyone interviewed receives a written outline of our role, confidentiality and its limits, the right to a support person or union representative, how to ask for an accommodation, the commitment against retaliation and the expected timeline.
  • Plain, direct questions. We ask one question at a time, avoid idioms, and allow time to answer without rushing.
  • Choice of setting. Participants can choose a video interview from home, an in-person interview at a quiet neutral location, or a room with softer light and less noise.
  • Video options. Participants can turn off self-view, use live captions, and receive documents ahead of time rather than sharing them on screen. See remote workplace investigations.
  • Regulation tools. Fidget items, noise-reducing headphones and movement breaks are welcome.
  • Written answers first. A participant can start by responding in writing, followed by a shorter conversation to clarify the account.
  • Support persons. A support person, union representative or legal counsel may attend.
  • Interpreters. We use certified language or ASL interpreters, screened for independence and conflicts of interest.
  • Accessible documents. We provide printed copies of documents in advance, and files work with screen readers.
  • Medical pauses. If a participant is medically unable to take part, the interview is paused. We need to know how long the pause is expected to last and what would make participation possible, not a diagnosis.

We record every accommodation in the investigation file, along with how fairness to all parties was maintained.

What does accommodation not change?

Accommodation changes how a participant takes part. It does not change what the investigation has to do.

  • Relevant questions still need to be answered, in whatever format works.
  • Every party is told the substance of the allegations and has a fair chance to respond.
  • An investigation can pause for a medical reason, but it cannot pause indefinitely. Delay weakens memory, loses evidence and leaves people in the workplace without an answer.
  • Accommodation does not affect the findings. Findings are made on the evidence and facts, on a balance of probabilities.

Where a request cannot be met in full, the reason is documented and an alternative is offered.

How is credibility assessed?

How a person behaves in an interview is a poor guide to whether they are telling the truth. Many common signs of "evasiveness" are ordinary features of autism, ADHD, anxiety or a trauma response. Memory is subjective, and two people can see the same event differently.

The following are not treated as signs of honesty or dishonesty:

  • Looking away or avoiding eye contact
  • A flat voice or little visible emotion
  • Nervous laughter or a smile while describing something distressing
  • Rocking, tapping, pacing or handling an object
  • Recall that is out of order, or very detailed on some points and blank on others

Credibility rests on the information and facts, whether it holds together, and what the records show. Emails, messages, calendar entries, access logs and what people said to others at the time carry the weight. Small differences in peripheral details, such as the exact time of day, do not on their own undermine an account of what happened. How the individual presents the information does not undermine it either. This approach follows the credibility test in Faryna v. Chorny.

Where does our role end?

We accommodate participation in the investigation. We do not assess or resolve a workplace accommodation. If a party links conduct to a disability or an accommodation need, we record it and refer it to the organization. Decisions about workplace accommodation, medical information and return to work stay with the employer and its advisors. Keeping that line clear protects the neutrality of the findings.

The employer's duty to accommodate comes from human rights legislation: the BC Human Rights Code, the Alberta Human Rights Act and the Ontario Human Rights Code. The Ontario Human Rights Commission's policy on ableism and discrimination based on disability explains that duty in detail.

What are the ground rules for support persons?

A support person can make a difficult interview manageable. A few ground rules protect the evidence and the participant.

  • The support person cannot be a party or a witness in the same matter.
  • They agree in writing to keep what they hear confidential.
  • They do not answer questions, rephrase questions or suggest answers.
  • The participant can ask for a break at any time to speak with them privately.

What a support person does not do is answer on behalf of the person.

Common questions

What is an accommodation in a workplace investigation?

An accommodation is a change to how a participant takes part in the investigation, such as shorter interview sessions, questions shared in advance, an interpreter or a support person. It does not change what the investigation has to do or how findings are made.

Does a participant have to share a diagnosis?

No. The only question is what would help them take part. If a medical pause is needed, we need to know how long it is expected to last and what would make participation possible.

Can a participant bring someone to the interview?

Yes. A support person, union representative or legal counsel may attend. A support person does not answer questions or speak for the participant.

Can the interview be done by video?

Yes. Video interviews are available across BC, Alberta and Ontario, with self-view off and captions if helpful. In-person interviews can be held at a quiet neutral location in the Lower Mainland.

What happens if a participant is on medical leave?

The participant can choose to take part in a modified format or to pause until they are able. A respondent who is medically unable to take part is not the subject of findings until they have had a fair chance to respond.

Are respondents accommodated too?

Yes. Complainants, respondents and witnesses have the same access to accommodations.

Does accommodation affect the outcome?

No. Findings are made on the evidence. Accommodation ensures the evidence is complete.

Related pages

Talk through a file

Feel free to book a call to talk through a matter where accommodation is likely to come up, before any interviews are scheduled.

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About the author

Written by Rachel Maxcy, BHRLR. Rachel is an independent workplace investigator based in Vancouver, British Columbia, with more than twenty years of work in disability, accommodation and inclusion, including over fifteen years in human resources and labour relations. She holds the Workplace Investigation Certificate from Rubin Thomlinson. See Credentials and training.

Last updated: October 26, 2026