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I’m looking for advice regarding a workplace accommodation issue in Alberta. I work in education and regularly wear a KN95 face mask at work due to health circumstances that make respiratory infections more serious for me. I disclosed that my masking was health-related during the hiring process and again after starting.
My employer has raised concerns that masking is inconsistent with the school’s “open and welcoming” values and has repeatedly pressured me to use a face shield instead. I explained that a face shield does not provide the level of respiratory protection I need. I was pressured to go without my mask at a large school event for the sake of first impressions, which I did, but I was extremely uncomfortable with the level of health risk involved.
My employer has also questioned whether masking is medically necessary and has relied on general information found online about my health condition. I am wondering when I should formally request a disability-related workplace accommodation to continue wearing my KN95, and I am in the process of obtaining medical documentation.
I’m looking for advice on my rights under Alberta human rights/employment law, my employer’s duty to accommodate, what medical information I am required to provide, and what I should do if the accommodation is denied or I experience negative treatment after making the request. I am also represented by a union and am seeking their guidance, but I would like independent legal advice, since my union didn’t seem concerned about the situation.

Employers have a duty to accommodate your disability under the Human Rights Code in your province. You should seek medical documentation to confirm that your doctor has recommended that you wear a KN95 mask in the workplace . You are not required to disclose any diagnosis, but you are required to disclose a prognosis. If your employer continues not to accommodate you in spite of the medical documentation you should speak with your union as your employer would be in breach of the Human Rights Code.
The Lawyers at Samfiru Tumarkin LLP
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