Examples of undue hardship can include a serious safety risk that can’t be reduced or an accommodation cost that an employer can’t reasonably absorb. Ordinary inconvenience, coworker complaints and a preference for existing workplace rules are not enough.
Employers must accommodate needs protected by human rights law up to the point of undue hardship. That means some difficulty, cost or disruption is expected before an employer can legally say no.
The exact test differs across Canada. But the practical question is simple: Did the employer seriously look for a workable solution before deciding that accommodation was too difficult?
On This Page:
- 1. What Is Not Undue Hardship?
- 2. What Can Be Undue Hardship?
- 3. Disability & Medical Examples
- 4. What Employers Must Prove
- 5. Provincial Rules
- 6. What to Do If Accommodation Is Refused
What Is Not Undue Hardship?
Inconvenience, workplace preferences and unsupported concerns are not undue hardship.
Example 1: Changing an employee’s hours
Example: An employee needs different work hours because of a disability or another protected need. The employer refuses because changing the schedule would be inconvenient.
Answer: Inconvenience alone is not undue hardship. The employer should look at reasonable options such as different start times, shift changes or another workable schedule.
Example 2: Coworkers complain about modified duties
Example: An employee has medical restrictions and receives lighter duties. Coworkers complain that the arrangement is unfair.
Answer: Coworker complaints alone do not prove undue hardship. Accommodation often means one employee is treated differently because they have different protected needs.
Example 3: “Our policy doesn’t allow it”
Example: An employer refuses modified hours, remote work or light duties because company policy does not allow them.
Answer: A workplace policy does not override human rights obligations. The employer must consider the employee’s individual situation instead of simply relying on a blanket rule.
Example 4: Working from home would be “unfair”
Example: An employee asks to work from home because of a disability. The employer says other employees would want the same arrangement.
Answer: That is not enough to prove undue hardship. The employer should look at whether remote work addresses the employee’s restrictions and whether the job can reasonably be done from home.
This does not mean every employee who requests remote work must receive it. The employer can offer another reasonable accommodation that meets the employee’s protected needs.
What Can Be Undue Hardship?
Undue hardship can exist when reasonable accommodation options have been tried or considered and no workable solution remains.
Example 5: A serious safety risk
Example: An employee’s medical restrictions prevent them from safely performing an essential part of a safety-sensitive job.
The employer considers modified duties, equipment changes and other available work, but a serious safety risk remains.
Answer: This can amount to undue hardship if the risk is real, supported by evidence and can’t reasonably be reduced.
An assumption that an employee “might be unsafe” is not enough.
Example 6: An accommodation is extremely expensive
Example: A small employer would face a very large accommodation cost that it genuinely can’t afford. It looks at less expensive options, but none works.
Answer: Cost can amount to undue hardship where the law allows cost to be considered and the employer can prove the real financial impact.
Simply saying “it’s too expensive” is not enough.
Example 7: No workable scheduling option remains
Example: An employee needs a schedule change for a protected reason. The employer looks at shift swaps, different hours and other arrangements, but an essential part of the job still can’t be covered.
Answer: This can amount to undue hardship in a jurisdiction where that type of serious workplace impact is relevant.
The important difference is that the employer actually explored reasonable options instead of simply saying the change was inconvenient.
Disability & Medical Accommodation Examples
A disability, medical restriction or long absence does not automatically create undue hardship.
Example 8: The employee isn’t “100% recovered”
Example: An employee can return to work with medical restrictions, but the employer says they must be completely recovered before coming back.
Answer: A blanket “100% recovered” rule can ignore the employer’s duty to accommodate.
The employer should look at whether the employee can return through modified duties, different hours, a gradual return or another reasonable arrangement.
Example 9: A long medical absence
Example: An employee has been away from work for a long time because of a disability.
Answer: The length of the absence alone does not prove undue hardship.
However, the duty to accommodate is not unlimited. If current medical information shows that the employee can’t perform the essential duties of the job even with reasonable accommodation and there is no reasonable prospect of returning, the employer can eventually reach the limit of its accommodation obligation.
There is no automatic number of weeks or months after which a medical absence becomes undue hardship.
What Does an Employer Have to Prove?
An employer needs evidence to support an undue hardship claim.
Depending on the reason for refusing accommodation, that can include evidence of:
- The actual financial cost
- A serious health or safety risk
- Why that risk can’t reasonably be reduced
- Accommodation options that were considered
- Why reasonable alternatives will not work
The phrase “undue hardship” is not proof by itself.
Undue Hardship Rules by Province
The legal test is not exactly the same across Canada. For province-specific guidance, see:
Ontario, for example, uses a specific legal test based on cost, available outside funding, and health and safety. Alberta considers a broader range of factors. Use the provincial page rather than assuming the same checklist applies everywhere.
What Should You Do If Accommodation Is Refused?
Don’t assume your employer is right simply because it says your accommodation would cause undue hardship.
Keep your accommodation request, medical restrictions and the employer’s response. Ask what other options were considered.
An improper refusal to accommodate can amount to workplace discrimination.
If the employer imposes a major demotion, pay cut or other serious unwanted change instead, the situation can also amount to constructive dismissal.
If your employment is terminated, have your full severance pay calculated before signing a release. Employment standards minimums are not necessarily everything you are owed—you could receive as much as 24 months’ pay.
Undue Hardship Examples: FAQs
Is inconvenience undue hardship?
No. Employers are expected to accept some inconvenience, cost and disruption when accommodating protected needs.
Can coworker complaints be undue hardship?
Coworker complaints alone are not enough. The employer needs to show a real workplace impact that is serious enough to meet the legal test that applies.
Can an employer refuse modified duties?
Yes, but not simply because modified work is inconvenient or against company policy. The employer must properly consider reasonable accommodation and be able to establish undue hardship if it says no workable option exists.
Get Help With an Undue Hardship Dispute
An employer does not prove undue hardship simply by using the phrase. What matters is whether it properly considered reasonable accommodation and has evidence to support its decision.
Samfiru Tumarkin LLP helps non-unionized employees challenge improper accommodation refusals, protect their jobs and income, and secure the full severance pay and compensation they are legally entitled to receive when their employment has been damaged or terminated.
If your employer says it can no longer accommodate you, get advice before resigning, accepting a major workplace change or signing a severance package.
Talk to one of our employment lawyers today.