In Alberta, the duty to accommodate is a legal obligation that requires employers to make reasonable workplace changes for employees protected under the Alberta Human Rights Act. This duty most often applies when an employee has a disability, medical condition, mental health issue, pregnancy-related limitation, or family-status obligation.
If your employer refuses to accommodate you, that refusal may violate Alberta human rights law — even if the employer claims accommodation is not possible or too costly.
What Is the Duty to Accommodate Under Alberta Law?
Under the Alberta Human Rights Act, employers must take reasonable steps to remove workplace barriers that negatively affect employees based on protected grounds.
The duty to accommodate is triggered when:
- A workplace rule, schedule, or requirement affects you because of a protected ground, and
- Accommodation is possible without causing undue hardship
Employers must actively assess accommodation options. Simply stating that accommodation is not available is not enough.
Employer Duty to Accommodate in Alberta
An employer’s duty to accommodate in Alberta includes an obligation to:
- Consider reasonable accommodation options
- Request only appropriate medical or functional information
- Participate meaningfully in the accommodation process
- Avoid blanket policies or automatic refusals
Employers can’t require employees to be fully recovered before returning to work if accommodation is possible.
Duty to Accommodate and Disability in Alberta
Disability is the most common reason accommodation issues arise in Alberta workplaces.
Under Alberta human rights law, a disability can include:
- Physical injuries or limitations
- Chronic illnesses or pain conditions
- Mental health conditions
- Temporary, episodic, or fluctuating disabilities
- Invisible or non-obvious impairments
What Does Workplace Accommodation Look Like in Alberta?
Accommodation depends on the employee’s limitations and the nature of the job. Common examples include:
- Modified or lighter duties
- Reduced, flexible, or adjusted work hours
- Temporary or permanent remote work
- Medical leave or extended time off
- Gradual or phased return-to-work plans
- Adjustments to equipment, tools, or workstations
Accommodation must be assessed on an individual basis. Employers can’t rely on rigid rules or assumptions.
What Is Undue Hardship in Alberta?
Undue hardship in Alberta is the legal limit on an employer’s duty to accommodate employees under human rights law.
Employers must accommodate employees up to the point of undue hardship.
It is a high legal standard and may be established only where accommodation would cause:
- Significant financial cost
- Serious health or safety concerns
Can an Employer Refuse to Accommodate in Alberta?
An employer may refuse accommodation only if they can demonstrate that:
- Reasonable accommodation options were properly explored, and
- Providing accommodation would cause undue hardship
Medical Information and the Duty to Accommodate
Employers in Alberta may request limited medical information through a doctor’s note to support an accommodation request, including:
- Functional limitations
- Expected duration of limitations
- Ability to work with restrictions
Employers are not entitled to unnecessary medical details or a diagnosis unless clearly required.
Duty to Accommodate and Constructive Dismissal in Alberta
Failure to accommodate can also have employment law consequences.
If an employer:
- Refuses reasonable accommodation
- Forces an employee back to work without accommodation
- Makes working conditions unsafe or unmanageable
What to Do If Your Employer Refuses to Accommodate
If your employer refuses to accommodate you in Alberta, you may have options under:
- The Alberta Human Rights Act
- Employment law, including constructive dismissal
- Disability and income-replacement claims
Speak With an Alberta Employment or Disability Lawyer
Accommodation disputes often involve both human rights law and employment law. Getting advice early from an employment lawyer in Alberta or a disability lawyer can help you protect your job, your income, and your legal rights.
If your employer has refused to accommodate your disability or medical condition, Samfiru Tumarkin LLP can help you determine whether the refusal is lawful and what steps you can take next.