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.
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:
We record every accommodation in the investigation file, along with how fairness to all parties was maintained.
Accommodation changes how a participant takes part. It does not change what the investigation has to do.
Where a request cannot be met in full, the reason is documented and an alternative is offered.
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:
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.
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.
A support person can make a difficult interview manageable. A few ground rules protect the evidence and the participant.
What a support person does not do is answer on behalf of the person.
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.
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.
Yes. A support person, union representative or legal counsel may attend. A support person does not answer questions or speak for the participant.
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.
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.
Yes. Complainants, respondents and witnesses have the same access to accommodations.
No. Findings are made on the evidence. Accommodation ensures the evidence is complete.
Feel free to book a call to talk through a matter where accommodation is likely to come up, before any interviews are scheduled.