The duty to accommodate is a legal obligation that requires employers to make reasonable changes to the workplace for employees protected under human rights law. In Canada, this duty most often applies when an employee has a disability, medical condition, mental health issue, pregnancy-related limitation, or family-status obligation.
While the duty to accommodate exists across Canada, the rules that apply depend on the province you work in. Each province has its own human rights legislation that sets out employer obligations and employee rights.
What Is the Duty to Accommodate?
The duty to accommodate means an employer must take reasonable steps to remove workplace barriers that prevent an employee from doing their job because of a protected ground under human rights law.
For most employees, accommodation issues arise because of a disability or medical condition. Once an employer is aware that accommodation is needed, they must actively explore solutions.
Accommodation is not optional. Employers must engage in the process unless doing so would cause undue hardship.
Who Does the Duty to Accommodate Apply To?
The duty to accommodate applies to employees in Canada and covers employees protected under human rights legislation, including those affected by:
- Physical disabilities or injuries
- Mental health conditions
- Chronic illnesses or pain
- Pregnancy-related limitations
- Family-status obligations
- Religious beliefs or practices
Duty to Accommodate and Disability in Canada
Disability is the most common reason accommodation is required in Canadian workplaces.
A disability can be:
- Temporary or permanent
- Physical or psychological
- Visible or invisible
If a disability affects an employee’s ability to perform their job, the employer must consider reasonable workplace adjustments rather than forcing the employee off work or ending their employment.
What Does Workplace Accommodation Look Like?
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 return-to-work plans
- Adjustments to workstations, tools, or schedules
Employers must assess accommodation on an individual basis. A standard policy or blanket refusal is not enough.
What Is Undue Hardship?
An employer is required to accommodate an employee up to the point of undue hardship.
Undue hardship in Canada is a high legal threshold. It may be established only where accommodation would cause:
- Significant financial cost
- Serious health or safety risks
- Major operational disruption
Can an Employer Refuse to Accommodate?
An employer can refuse accommodation only if they can prove that:
- Reasonable accommodation options were properly considered, and
- Providing accommodation would result in undue hardship
Duty to Accommodate and Constructive Dismissal
Failing to accommodate an employee 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
Duty to Accommodate by Province
Although the duty to accommodate exists across Canada, how it is enforced depends on provincial law.
Learn how the duty applies where you work:
- Duty to Accommodate in Ontario
- Duty to Accommodate in Alberta
- Duty to Accommodate in British Columbia
When Should You Speak to a Lawyer?
Accommodation disputes often involve both human rights and employment law.
You should consider speaking with an employment lawyer or disability lawyer if your employer:
- Refuses to accommodate your medical condition or disability
- Pressures you to return to work without accommodation
- Terminates your employment instead of accommodating you
Getting advice early can help protect your rights and prevent costly mistakes.
Get Advice Before You Accept an Employer’s Refusal
If your employer refuses to accommodate your disability or medical condition, that decision can have serious legal consequences. In many cases, an employer’s refusal is not lawful — even if it’s presented as final.
Before accepting an employer’s position:
- Understand what the duty to accommodate requires under human rights law
- Know when an employer can — and can’t — rely on “undue hardship”
- Get clear advice on whether the refusal may amount to discrimination or constructive dismissal
Speaking with an employment or disability lawyer can help you understand your rights and next steps.
Contact Samfiru Tumarkin LLP to review your situation and determine whether your employer has met their legal obligations.