Summary: Undue Hardship in Alberta
Undue hardship in Alberta is the legal limit of an employer’s duty to accommodate. It refers to circumstances where providing an accommodation would cause such significant difficulty, expense, or safety risk that the employer is no longer legally required to provide it.
However, the law sets a very high bar; an employer must prove that accommodation is virtually impossible, not just inconvenient.
The Limit of Accommodation.
Employers often use the term “undue hardship” as a reason to refuse a medical or family status request, but they are frequently incorrect. In Alberta, the burden of proof lies entirely on the employer to demonstrate that they have exhausted every reasonable option. If your request has been denied, understanding the undue hardship meaning is the first step in determining if your human rights have been violated.
Quick Navigation
What is Undue Hardship in Alberta?
To understand what is undue hardship, one must first look at the Alberta Human Rights Act. The law requires employers to accommodate protected grounds (like disability or family status) unless it would create a hardship so “undue” that it threatens the viability of the business or the safety of the workplace. It is the point at which the cost or impact of the accommodation becomes unsustainable.
What is Considered Undue Hardship for an Employer?
Alberta courts and the Human Rights Tribunal generally look at several key factors to determine if a refusal is lawful:
- Financial Cost: The cost must be so high that it would significantly alter the nature of the business or threaten its survival. For large corporations, this threshold is extremely high.
- Health and Safety Risks: If an accommodation creates a serious risk to the safety of the employee, their coworkers, or the public, it may be considered undue hardship.
- Disruption of Operations: Minor inconveniences or changes to a shift schedule are not enough. There must be a substantial interference with the rights of other workers or the ability to do business.
- Interchangeability of Workforce: The employer must consider if other employees can perform the tasks or if the worker can be moved to a different role.
The Burden of Proof
A critical part of undue hardship alberta law is that the employer bears the “burden of proof.” They can’t simply claim that an accommodation is too expensive or difficult; they must provide concrete evidence, such as financial statements, safety reports, or expert testimony, to prove that no other reasonable options exist.
What is NOT Undue Hardship?
Many employers confuse “hardship” with “inconvenience.” The following are typically not considered legal grounds for a refusal:
- A slight increase in business costs.
- Morale issues among other employees who “don’t like” the accommodation.
- Collective agreement provisions (though they are considered, they do not automatically trump human rights).
- Customer or client preferences.
Undue Hardship and Frustration of Contract
In some cases, if an employee is on a medical leave for a prolonged period and there is no foreseeable date for a return to work even with accommodation, the employer may claim frustration of contract. This is essentially the ultimate conclusion of undue hardship — where the contract can no longer be fulfilled. However, before an employer can legally end the relationship due to frustration, they must prove they have met their duty to accommodate to the point of undue hardship.
Speak with an Expert
If your employer has refused your request for accommodation or is pressuring you to leave your job because of a disability, the Alberta employment law team at Samfiru Tumarkin LLP can help. We will analyze your situation to see if your employer has actually met the high threshold of undue hardship in Alberta.