In Ontario, employers have a legal duty to accommodate employees who are protected under human rights law — including those with disabilities, medical conditions, or family obligations. That duty continues up to the point of undue hardship.
However, this duty has a strict legal meaning under Ontario law. Employers often rely on it incorrectly to refuse accommodation, even when the legal test has not been met.
This page explains what undue hardship means in Ontario, how it is assessed, and when an employer can — and can’t — rely on it.
What Is Undue Hardship in Ontario?
Undue hardship in Ontario refers to the limited circumstances where an employer is no longer required to accommodate an employee because doing so would cause serious difficulty or risk.
Under Ontario employment human rights law:
- Accommodation is a legal obligation
- Employers must accommodate to the point of undue hardship — not inconvenience
- The employer bears the burden of proof
Undue Hardship Under the Ontario Human Rights Code
Undue hardship in Ontario is governed by the Ontario Human Rights Code and interpreted through decisions of the Ontario Human Rights Commission (OHRC) and the courts.
The Code requires employers to take meaningful, individualized steps to accommodate employees protected under human rights law. Blanket policies, assumptions, or generalized concerns are not enough.
Employers must be able to show:
- That accommodation options were genuinely explored
- That alternatives were considered
- That any refusal is based on evidence, not speculation
The Three Factors of Undue Hardship in Ontario
Under the Ontario Human Rights Code, only three factors may be considered when assessing undue hardship.
1. Cost
An employer may claim undue hardship if the cost of accommodation is excessive, considering:
- The size of the organization
- Its financial resources
- Available tax credits or outside funding
Cost alone rarely amounts to undue hardship, especially for medium or large employers.
2. Outside Sources of Funding
Employers must consider whether outside funding is available to help offset accommodation costs.
Failing to explore available funding can undermine an undue hardship claim.
3. Health and Safety
Accommodation may amount to undue hardship if it creates serious, unavoidable health or safety risks that can’t be mitigated.
Minor or speculative safety concerns do not meet this threshold.
Duty to Accommodate and Undue Hardsip in Ontario
The duty to accommodate requires employers to actively participate in the accommodation process.
In Ontario, this means employers must:
- Engage with the employee
- Request relevant medical information (without overreaching)
- Consider modified duties, hours, or workplace adjustments
- Reassess accommodation as circumstances change
Only after these steps are taken — and only if one of the three undue hardship factors is met — can an employer lawfully refuse accommodation.
What Is Not Undue Hardship in Ontario?
Ontario tribunals have consistently held that the following do not amount to hardship:
- Coworker complaints or morale issues
- Scheduling inconvenience
- Customer preference
- Uniform workplace policies
- Speculative cost concerns
- Minor productivity impacts
In most cases, employers adadpt the workplace, not deny accommodation.
Examples of Undue Hardship in Ontario
True examples are rare. However, it may arise in limited situations involving:
- Significant, unmanageable financial cost
- Serious health or safety risks that can’t be mitigated
- Lack of available alternatives despite good-faith efforts
Get Advice Before You Accept an Undue Hardship Refusal
If your employer says they can’t accommodate you due to “undue hardship,” that does not automatically make the refusal lawful. There is a strict legal definition, and employers often rely on it incorrectly.
Before accepting a refusal, make sure you:
- Understand when an employer can — and can’t — claim undue hardship
- Know whether reasonable accommodation options were proprely considered
- Get clear advice on whether the refusal may violate Ontario human rights law
Contact Samfiru Tumarkin LLP to have an employment lawyer in Ontario review your situation and determine whether your employer has met their legal obligations.