In Alberta, employers have a legal duty to accommodate employees who are protected under human rights law, including those with disabilities, medical conditions, and other protected grounds. That duty continues up to the point of undue hardship.
Undue hardship has a high legal threshold in Alberta. Employers often rely on the term to refuse accommodation, even when the law does not support that refusal.
This page explains what undue hardship means in Alberta, how it applies in the workplace, and when an employer can — and can’t — rely on it.
What Is Undue Hardship in Alberta?
Undue hardship in Alberta refers to circumstances where accommodating an employee would cause an employer serious difficulty or risk, such that further accommodation is no longer legally required.
Under Alberta employment and human rights law:
- Accommodation is a legal obligation
- Employers must accommodate employees to the point of undue hardship — not inconvenience
- The employer bears the burden of proof to prove it
Undue Hardship Under the Alberta Human Rights Law
Undue hardship in Alberta is governed by the Alberta Human Rights Act and interpreted through decisions of human rights tribunals and the courts.
Employers must take reasonable and meaningful steps to accommodate employees protected under the Act. This requires more than relying on policies, assumptions, or generalized concerns.
Before claiming undue hardship, an employer is expected to show that:
- Accommodation options were genuinely explored
- Alternatives were considered
- The refusal is based on evidence, not speculation
How Undue Hardship Is Assessed in Alberta
Unlike Ontario, Alberta legislation does not limit undue hardship to a fixed list of factors. However, Alberta tribunals commonly assess whether accommodation would result in:
- Serious health or safety risks
- Significant financial cost, relative to the employer’s size and resources
- Substantial operational impact that can’t be reasonably addressed
Duty to Accommodate and Undue Hardsip in Alberta
The duty to accommodate requires Alberta employers to actively participate in the accommodation process.
This includes:
- Communicating with the employee
- Request appropriate medical or functional information
- Consider modified duties, hours, or work arrangements
- Reassess accommodation as circumstances change
An employer can’t rely on undue hardship without first demonstrating that reasonable accommodation efforts were made.
What Is Not Undue Hardship in Alberta?
Alberta human rights decisions make it clear that the following are generally not considered undue hardship:
- Coworker complaints or morale issues
- Scheduling inconvenience
- Customer preference
- Minor productivity impacts
- Speculative or unsupported cost concerns
Employers are expected to adadpt the workplace where possible, rather than refuse accommodation outright.
Examples in Alberta
True undue hardship is uncommon. It may arise only in limited circumstances involving:
- Serious, unavoidable safety risks
- Costs that would threaten the viability of the business
- Lack of reasonable alternatives after good-faith efforts
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. There is a high legal threshold, and employers often rely on it incorrectly.
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 Alberta human rights law
Contact Samfiru Tumarkin LLP to have an employment lawyer in Alberta review your situation and determine whether your employer has met their legal obligations.