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15May

Duty to Accommodate in Ontario: When Can an Employer Refuse?

Undue Hardship and the Duty to Accommodate in Ontario: What the Law Actually Requires

In Ontario, employers are required to adjust workplace rules when they create barriers related to protected grounds such as disability, family status, or religion. This is known as the duty to accommodate. But the duty is not unlimited. Employers are only required to accommodate up to the point of undue hardship, a high legal threshold that is frequently misunderstood and often applied incorrectly.

Accommodation request denied or being delayed?

If your employer has refused to accommodate you, the reason they gave matters. Many refusals do not meet the legal standard for undue hardship. Get advice before accepting the outcome.

Call: 1-800-771-7882 Speak With a Human Rights Lawyer

What is the duty to accommodate?

The duty to accommodate requires employers to take meaningful steps to remove workplace barriers that affect employees based on protected grounds under the Ontario Human Rights Code. Accommodation is not optional. Employers must actively assess options and cannot simply refuse without proper consideration.

Adjusting work schedules

Changing hours, shifts, or start and end times to remove a barrier connected to a protected ground.

Modifying job duties

Temporarily or permanently adjusting the tasks or responsibilities of a role to reflect an employee's limitations or needs.

Medical or disability support

Providing equipment, ergonomic adjustments, or modified conditions that allow an employee to continue working.

Leave or gradual return to work

Allowing time off for treatment or a structured plan for returning to work following illness or injury.

What is undue hardship in Ontario?

Undue hardship is the legal limit on the duty to accommodate. It is not reached simply because accommodation is inconvenient, costly to some degree, or requires adjustments to existing policies. Under the Ontario Human Rights Code, only three factors can be considered when assessing whether undue hardship exists.

Valid undue hardship factors

  • Significant financial cost that cannot be offset
  • Genuine health and safety risks to the employee or others
  • Availability or absence of outside funding sources

Not valid undue hardship factors

  • Minor inconvenience to the business
  • Employee morale or coworker preferences
  • Preference for uniform or consistent policies
  • "We have never done this before"
  • Disruption to existing routines
The threshold for undue hardship is intentionally high. To claim it, employers must rely on real, measurable evidence, not assumptions, preferences, or administrative inconvenience. A refusal without proper analysis may itself constitute discrimination under the Ontario Human Rights Code.

Was your accommodation denied for a reason that does not meet the legal standard?

Many employers rely on reasons that do not qualify as undue hardship under Ontario law. Our human rights lawyers can assess whether the refusal was lawful and advise you on your next steps.

Review My Situation Or call us: 1-800-771-7882

When can an employer refuse accommodation?

An employer can only refuse accommodation where they can demonstrate genuine undue hardship. This requires more than a general assertion of difficulty. The employer must show that they explored reasonable options, that accommodation would create serious hardship under one of the recognized factors, and that there is objective evidence supporting the refusal. Each situation must be assessed individually. A blanket refusal based on policy alone is generally not sufficient.

What to do if your employer refuses to accommodate

1

Ask for the reason in writing

A written explanation creates a record and forces the employer to articulate the basis for the refusal. This documentation may become critical evidence later.

2

Keep records of all communications

Document every interaction related to your accommodation request, including emails, meetings, and any changes in how you are treated following the request.

3

Provide relevant supporting information

If you have not already done so, provide documentation that supports your accommodation need. You are generally required to provide information about your functional limitations, not your full medical diagnosis.

4

Avoid resigning without legal advice

If conditions have become intolerable as a result of the refusal, do not resign before speaking with a lawyer. Resigning without advice can affect your ability to pursue a constructive dismissal claim.

5

Seek legal advice before taking formal action

A human rights lawyer can assess whether the employer met their legal obligations and advise you on whether to pursue a complaint with the Human Rights Tribunal of Ontario. Most applications must be filed within one year of the last discriminatory act.

Frequently asked questions about undue hardship and accommodation in Ontario

What is the duty to accommodate in Ontario?

It is the legal obligation under the Ontario Human Rights Code for employers to adjust workplace rules or conditions when they create barriers related to protected grounds such as disability, religion, or family status. The duty requires active assessment of options, not simply a willingness to consider requests.

What is undue hardship in Ontario?

Undue hardship is the point at which an employer is no longer legally required to accommodate. Under Ontario law, only three factors qualify: significant financial cost, genuine health and safety risks, and the availability of outside funding. Inconvenience, employee morale, and policy preferences do not meet the standard.

Can an employer refuse accommodation in Ontario?

Yes, but only where they can demonstrate undue hardship with objective evidence. The employer must show they explored alternatives, assessed the situation individually, and documented the process. A refusal based on policy, inconvenience, or assumptions is generally not sufficient and may constitute discrimination.

What qualifies as reasonable accommodation?

Reasonable accommodation is whatever adjustment effectively removes the workplace barrier without causing undue hardship. It is not required to be the employee's preferred option or the ideal solution. Common examples include modified schedules, adjusted duties, remote work arrangements, and medical leave plans.

What should I do if my employer denies my accommodation request?

Ask for the denial in writing, document all communications, and seek legal advice before taking any further action including resigning. A complaint to the Human Rights Tribunal of Ontario may be available where the refusal did not meet the legal standard for undue hardship. Most applications must be filed within one year of the last discriminatory act.

Speak with an Ontario human rights lawyer

If your accommodation request has been denied and you are not sure whether the refusal was lawful, our team can help. We advise on accommodation requests, human rights complaints, and HRTO proceedings across Ontario. Contact us for a confidential consultation.

Call us at 1-800-771-7882 or fill out the form below and we will be in touch.

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©

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