In Ontario, the duty to accommodate is a legal obligation that requires employers to make reasonable workplace changes for employees protected under the Ontario Human Rights Code. 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 Ontario human rights law — even if the employer claims accommodation is “not possible” or “too difficult.”
What Is the Duty to Accommodate Under Ontario Law?
Under the Ontario Human Rights Code, employers must take reasonable steps to remove workplace barriers that negatively affect employees based on protected grounds.
The duty to accommodate applies when:
- A workplace rule, schedule, or requirement affects you because of a protected ground, and
- Accommodation is possible without causing undue hardship
Accommodation is an active obligation. Employers must assess options and participate in the process — they can’t simply say no.
Employer Duty to Accommodate in Ontario
An employer’s duty to accommodate in Ontario includes a responsibility to:
- Consider reasonable accommodation options
- Request only appropriate medical information
- Engage in a meaningful, individualized process
- Avoid blanket policies or automatic refusals
Employers are not allowed to ignore accommodation requests, delay indefinitely, or require employees to be “fully recovered” before returning to work.
Duty to Accommodate and Disability in Ontario
Disability is the most common reason accommodation issues arise in Ontario workplaces.
Under the Ontario Human Rights Code, a disability can include:
- Physical injuries or limitations
- Chronic pain or illness
- Mental health conditions
- Temporary or episodic disabilities
- Invisible or non-obvious impairments
What Does Workplace Accommodation Look Like in Ontario?
Accommodation depends on the employee’s limitations and the nature of the job. Common forms of accommodation 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, workstations, or schedules
Employers must assess accommodation on an individual basis. Relying on rigid policies or assumptions is not enough.
What Is Undue Hardship in Ontario?
Undue hardship in Ontario 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. It may be established only where accommodation would cause:
- Significant financial cost
- Serious health or safety risks
Can an Employer Refuse to Accommodate in Ontario?
An employer may refuse accommodation only if they can prove that:
- Reasonable accommodation options were properly explored, and
- Providing accommodation would result in undue hardship
Medical Information and the Duty to Accommodate
Employers in Ontario are entitled to receive limited medical information through a doctor’s note to support an accommodation request, such as:
- Functional limitations
- Expected duration of limitations
- Ability to work with restrictions
Employers are not entitled to a diagnosis or detailed medical history unless it is clearly required.
Duty to Accommodate and Constructive Dismissal in Ontario
Failure to accommodate can also create 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 Ontario, you may have options under:
- The Ontario Human Rights Code
- Employment law, including constructive dismissal
- Disability and income-replacement claims
Speak With an Ontario Employment or Disability Lawyer
Accommodation disputes often involve both human rights law and employment law. Getting advice early from an employment lawyer in Ontario can help you protect your income, your job, and your legal rights.
If your employer has refused to accommodate your disability or medical condition, Samfiru Tumarkin LLP can help you understand whether that refusal is lawful and what steps you can take next.