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What to do if your accommodation request is declined (in Ontario)
Employees in Ontario may request workplace accommodations when workplace rules or conditions create barriers due to disability, religion, family status, or other protected grounds. Under the Ontario Human Rights Code, employers have a legal duty to accommodate employees to the point of undue hardship. However, accommodation requests are sometimes refused or delayed, leaving employees unsure of their rights.
Not getting the support you need at work?
If you have requested an accommodation and it has been delayed, denied, or not handled clearly, you are not alone. Workplace accommodation issues including medical, disability, or return-to-work concerns can be complex, and how they are handled can affect your role and your options moving forward.
Call toll-free: 1-866-311-8180 Speak to a Human Rights LawyerWhat is workplace accommodation?
A workplace accommodation is a change to workplace rules, duties, schedules, or environments that allows an employee to perform their job despite a barrier connected to a protected ground. These adjustments help employees participate fully in the workplace without discrimination.
Modified job duties
Adjusting tasks or responsibilities to match an employee's current capabilities.
Flexible schedules
Changing start times, shift lengths, or work hours to address a protected need.
Remote work
Allowing an employee to work from home where the role permits and the need is established.
Medical leave or modified duties
Providing time off or reduced responsibilities to support recovery or ongoing medical needs.
Religious schedule accommodations
Adjusting schedules to respect religious observances or practices.
Assistive technology or equipment
Providing ergonomic or assistive tools that allow an employee to perform their role effectively.
The duty to accommodate in Ontario
Employers in Ontario have a legal obligation to accommodate employees under the Ontario Human Rights Code. This duty applies when workplace rules conflict with protected characteristics. Employers must explore reasonable solutions and work with employees to identify accommodations that address the barrier. Accommodation must continue until it causes undue hardship, which is a high legal threshold.
What does "undue hardship" mean?
Employers sometimes refuse accommodations by claiming the request would create undue hardship. Under Ontario law, only three factors can be considered when assessing undue hardship:
Cost
The financial burden of providing the accommodation, taking into account any outside funding available.
Health and safety risks
Whether the accommodation would create a genuine risk to the health or safety of any person in the workplace.
Outside funding availability
Whether government programs or other funding sources could offset the cost of the accommodation.
Can my employer deny my accommodation request?
Yes, but only in limited circumstances. An employer may refuse accommodation if they can demonstrate that the request would cause undue hardship based on cost, health, or safety risks. However, accommodation may be improperly denied if the employer fails to investigate possible solutions, refuses to engage in the accommodation process, relies on assumptions or stereotypes, ignores medical documentation, or applies a blanket policy without individual assessment. In these situations, the denial may violate the Ontario Human Rights Code.
Can an employer deny a medical accommodation?
Employers cannot simply refuse a medical accommodation request without justification. When a request is supported by medical documentation, employers must review the medical information, explore possible accommodations, consider modified duties or schedules, and assess alternative positions if necessary. If an employer rejects a medical accommodation without properly assessing the request, the decision may be challenged through human rights proceedings.
Has your accommodation request been denied or ignored?
Our human rights lawyers can review your situation and advise you on whether your employer has met their legal obligations. Get clarity on your rights before deciding how to respond.
Speak to a Human Rights Lawyer Or call us: 1-866-311-8180What to do if your accommodation request is denied
If your workplace accommodation is denied, taking the right steps early can help protect your rights.
Ask for written reasons
Request written confirmation explaining why your accommodation request was denied. This documentation may become important evidence later.
Review workplace policies
Many employers have formal accommodation policies outlining how requests must be assessed. If your employer did not follow their own policy, this may strengthen your claim.
Gather evidence
Collect relevant information including your original accommodation request, medical documentation, emails or messages with your employer, and notes from meetings. Keeping detailed records can help demonstrate whether the employer properly considered your request.
Speak with a human rights lawyer
A human rights lawyer can review your situation and determine whether your employer failed to meet their legal obligations, help you understand your rights, prepare evidence, and evaluate potential legal claims.
Filing a human rights complaint in Ontario
If accommodation is denied without proper justification, you may file a complaint with the Human Rights Tribunal of Ontario (HRTO). The HRTO hears claims involving discrimination and accommodation disputes under the Ontario Human Rights Code. Applications generally must be filed within one year of the discriminatory act.
Possible remedies may include:
When a denied accommodation leads to other legal claims
In some cases, denying an accommodation may lead to additional employment law issues. Depending on the circumstances, a denied accommodation can give rise to wrongful dismissal, constructive dismissal, or workplace harassment claims. Understanding all available legal options is important when deciding how to proceed.
How a human rights lawyer can help
Accommodation disputes can be complex. A human rights lawyer can help you understand whether your employer has met their legal obligations. Legal support may include assessing the strength of your accommodation claim, advising on evidence and documentation, negotiating with your employer, and representing you before the Human Rights Tribunal of Ontario. Early legal advice can often prevent disputes from escalating.
Workplace accommodation FAQs
Can my employer deny my accommodation request?
An employer can only deny accommodation if providing it would cause undue hardship based on cost, health, or safety risks. Inconvenience or business preference are not valid reasons under Ontario law.
What should I do if my accommodation request is denied?
Ask for written reasons, review your employer's accommodation policy, gather supporting documentation, and speak with a human rights lawyer as soon as possible. Early advice can protect your options.
How long does an employer have to respond to an accommodation request?
There is no fixed deadline under the Human Rights Code, but employers are expected to respond promptly and engage in the accommodation process in good faith. Unreasonable delays can themselves constitute a failure to accommodate.
Can my boss deny time off for religious reasons?
Not without justification. Religion is a protected ground under the Ontario Human Rights Code. Employers must make reasonable efforts to accommodate religious observance unless doing so would cause undue hardship.
Can an employer deny a medical accommodation?
Not without properly assessing the request. When medical documentation supports the need for accommodation, employers must explore all reasonable options before refusing. A refusal without proper assessment may be challenged.
What is considered workplace accommodation?
Any change to workplace rules, duties, schedules, or environments that removes a barrier connected to a protected ground. Examples include modified duties, flexible hours, remote work, assistive equipment, and religious schedule adjustments.
Speak to an Ontario human rights lawyer
If your accommodation request has been denied, delayed, or not properly assessed, our team can help you understand your rights and decide on the right next steps. Contact us for a confidential consultation.
Call us toll-free at 1-866-311-8180 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. ©