Undue Hardship Examples in Canadian Employment Law

Employers often say they can’t accommodate an employee because it would cause “undue hardship.” In reality, the legal threshold for undue hardship in Canada is very high, and most workplace accommodation requests do not meet it.

Below are real-world undue hardship examples, explained in plain language, to show when an employer may lawfully refuse accommodation — and when they can’t.

What Counts as Undue Hardship?

Under Canadian employment and human rights law, employers must accommodate employees to the point of undue hardship — not inconvenience, preference, or minor difficulty.

Undue hardship generally requires evidence of:

• Serious health or safety risks
• Excessive financial cost (relative to the employer’s size and resources)
• A lack of reasonable alternatives after good-faith efforts

Undue Hardship vs Inconvenience

Many employers confuse undue hardship with inconvenience.

The following are not undue hardship in most cases:

• Scheduling challenges
• Coworker complaints
• Reduced productivity
• Customer preference
• Discomfort with modified duties
• The need to change existing policies

The law expects employers to adjust the workplace, not deny accommodation at the first sign of difficulty.

Undue Hardship Examples for Employees

Example 1: Modified Work Hours

Employer’s claim:
Adjusting an employee’s hours to accommodate a medical condition would disrupt scheduling.

Legal reality:
Scheduling inconvenience alone is not undue hardship. Employers are generally expected to explore shift changes, job sharing, or modified hours.

Example 2: Remote or Hybrid Work Accommodation

Employer’s claim:
Allowing remote work or hybrid work would be unfair to other employees or harm workplace culture.

Legal reality:
Fairness concerns or generalized preferences do not meet the undue hardship threshold. Employers must assess whether the accommodation is feasible for the specific role.

Example 3: Modified Duties Due to Disability

Employer’s claim:
Reassigning tasks would burden other employees.

Legal reality:
Redistributing duties or adjusting job responsibilities is often part of reasonable accommodation. Coworker resentment is not undue hardship.

Example 4: Cost-Based Refusal

Employer’s claim:
Accommodation is too expensive.

Legal reality:
Cost must be excessive, relative to the employer’s overall resources. For most medium and large employers, accommodation costs rarely amount to undue hardship.

Example 5: Health and Safety Concerns

Employer’s claim:
Accommodation would create a safety risk.

Legal reality:
Only serious, unavoidable health or safety risks qualify. Minor or speculative risks do not meet the legal standard.

When Undue Hardship May Exist

True undue hardship is uncommon, but it may arise in limited situations, such as:

• Accommodation that creates serious, unmanageable safety risks
• Costs that threaten the viability of a small busines
• A lack of reasonable alternatives despite good-faith efforts

Even then, employers must show that all reasonable options were explored before refusing accommodation.

Undue Hardship Examples by Province

While the legal principles are consistent across Canada, how undue hardship is assessed depends on provincial human rights legislation.

Ontario Undue Hardship Examples

In Ontario, employers may only rely on three factors when claiming undue hardship:

• Cost
• Outside sources of funding
• Health and safety

Alberta Undue Hardship Examples

In Alberta, undue hardship is assessed based on evidence of serious difficulty or risk, considering the employer’s size and resources.

British Columbia Undue Hardship Examples

In British Columbia, employers must show that accommodation would cause serious hardship that cannot reasonably be mitigated.

Get Advice Before You Accept an Undue Hardship Refusal

If your employer relies on “undue hardship” to refuse accommodation, it’s important to understand whether that claim meets the legal standard.

Before accepting a refusal, make sure you:

• Know when an employer can — and can’t — rely on undue hardship
• Understand whether reasonable accommodation options were properly considered
• Get clear advice on whether your rights may have been violated

Contact Samfiru Tumarkin LLP to have an employment lawyer review your situation and assess whether your employer has met their legal obligations.