Undue hardship is a legal standard that limits how far an employer must go to accommodate an employee under Canadian human rights law. Employers often claim it o justify refusing accommodation — but in reality, the legal threshold is very high, and most accommodation requests do not meet it.
This page explains the meaning of undue hardship, how it works in employment law, and when an employer can — and can’t — rely on it.
What Is Undue Hardship?
Undue hardship refers to the point at which an employer is no longer legally required to accommodate an employee because doing so would cause serious difficulty or risk.
In Canadian employment law, employers must accommodate employees to this point — not to the point of inconvenience, preference, or minor disruption.
What Does It Mean in Law?
The meaning of undue hardship comes from human rights legislation and court decisions, not from an employer’s opinion or internal policy.
Under Canadian law:
- Accommodation is a legal obligation, not a favour
- The employer bears the burden of proof
- Claims must be based on objective evidence, not assumptions
Undue Hardship in Employment Law
In the workplace, undue hardship most often arises when an employee requests accommodation related to:
- Disability or medical conditions
- Mental health issues
- Pregnancy or family status
- Religious beliefs
Applying it to the Duty to Accommodate
The duty to accommodate requires employers to take meaningful steps to support employees who are protected under human rights law.
That duty continues up to the point of undue hardship.
This means:
- Employers must explore accommodation options
- Employers must consider alternatives
- Employers must engage in a genuine accommodation process
Only when accommodation would cause extreme difficulties can an employer lawfully refuse.
What Is Not Undue Hardship?
Employers often misuse the term. The following generally do not fit the definition under Canadian law:
- Employee or customer complaints
- Morale issues or resentment from coworkers
- Scheduling inconvenience
- Minor productivity impacts
- Preference for uniform policies
- Speculation about cost without evidence
In most cases, employers must adjust operations, not deny accommodation outright.
What Is Considered Undue Hardship for an Employer?
While the test is strict, undue hardship can exist in limited circumstances.
Across Canada, decision-makers typically look at factors such as:
- Serious health and safety risks
- Excessive financial cost, relative to the size and resources of the employer
- Availability of alternatives or outside funding
Importantly, hardship isn’t merely difficult or inconvenient.
Undue Hardship by Province
Although the legal principles are consistent across Canada, the application depends on provincial human rights legislation.
Learn how specific jurisdictions apply it:
- Ontario Undue Hardship (Ontario Human Rights Code)
- Alberta Undue Hardship
- British Columbia Undue Hardship
Each province has its own framework and guidance on how employers must assess accommodation requests.
Examples of Undue Hardship
Real-world examples help illustrate how high the legal bar truly is.
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.
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 human rights law
Contact Samfiru Tumarkin LLP to have an employment lawyer review your situation and determine whether your employer has met their legal obligations.