What is the duty to accommodate in Canada?
Under human rights legislation (the Canadian Human Rights Act and provincial codes), employers must accommodate employees with disabilities up to the point of undue hardship. This can mean modified duties, flexible schedules, assistive equipment, or leave. The duty is a shared responsibility — the employer, employee, and any union must cooperate in finding a reasonable accommodation.
What counts as undue hardship?
Undue hardship is a high threshold. Canadian human rights law generally limits the factors to: (1) financial cost, (2) availability of outside funding/sources, and (3) health and safety requirements. Mere inconvenience, employee morale, or modest cost do not meet the standard. The employer must prove undue hardship with real evidence, not speculation.
Who pays for workplace accommodations?
The employer generally bears the cost of accommodation, as part of the duty to accommodate. Government grants, tax credits, and disability funding programs can offset costs, and those outside sources are considered when assessing undue hardship. Most accommodations are low-cost or no-cost.
What happens if an employer refuses to accommodate?
An employee can file a human rights complaint. Remedies can include reinstatement, lost wages, and damages for injury to dignity, feelings, and self-respect (often $10,000–$50,000+ depending on the province and severity). Failure to accommodate can also support a constructive dismissal claim.