Undue Hardship and the Duty to Accommodate
In Ontario, human rights laws require organizations to treat people fairly and to remove barriers that prevent equal participation. One key way this is done is through the duty to accommodate. But how far must an organization go, and when is it legally allowed to say “we can’t go further”? The answer lies in the concept of undue hardship.
This article explains what the duty to accommodate means, what counts as reasonable accommodation, and how undue hardship works under Ontario law.
What Is the Duty to Accommodate?
The duty to accommodate requires employers and service providers to take steps to remove disadvantages faced by individuals because of grounds protected under the Ontario Human Rights Code, such as disability, religion, family status, or gender identity.
For example, an employer may need to modify work schedules, adjust job duties, or provide adaptive equipment to ensure an employee with a disability can perform their job. These are often referred to as reasonable accommodations, adjustments that allow a person to participate fully without causing an unfair burden on the organization.
What Is Reasonable Accommodation?
Reasonable accommodation means making changes that help an individual overcome barriers while still maintaining the essential requirements of a role or service.
Some examples include:
- Modifying work hours or allowing flexible schedules
- Providing assistive devices or adaptive technology
- Adjusting job responsibilities temporarily or permanently
- Allowing additional unpaid leave for medical treatment
Each situation is unique. The accommodation must balance the person’s needs with the legitimate operational requirements of the organization.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“If your employer is refusing to accommodate your needs, you may still have rights under the law. Before accepting less than you deserve, speak to a lawyer who can help you understand your options and protect your rights at work.”
When Does Accommodation Reach Undue Hardship?
The duty to accommodate goes as far as it can without creating undue hardship. In Ontario, the Human Rights Code sets out only three factors for assessing undue hardship:
- Cost: Would the accommodation cause excessive financial difficulty relative to the size and resources of the organization?
- Outside Funding: Could external funding or subsidies help offset the cost?
- Health and Safety: Would the accommodation create significant health or safety risks?
The law sets a high threshold for undue hardship. An employer must show clear evidence, such as detailed cost estimates, expert reports, or safety assessments, before claiming that further accommodation is impossible.
Why This Matters
Failing to meet the duty to accommodate can lead to human rights complaints, orders for compensation, or reputational damage. Employers and service providers are expected to explore options, document their efforts, and work collaboratively with the individual requesting accommodation.
Christopher Achkar, founder of Achkar Law, notes:
“Accommodation is about dignity and inclusion. Balancing individual needs with operational realities is not just a legal requirement; it builds stronger, more resilient workplaces.”
Workplace Accommodation FAQs
Undue hardship refers to the point where continuing to accommodate would cause significant difficulty for an employer, based on cost, health and safety, or outside funding limits.
No. Employers must provide reasonable accommodation up to the point of undue hardship. They do not have to make changes that would fundamentally disrupt operations or create excessive costs.
Employers should explore all reasonable options, consult with the employee, document their process, and gather evidence such as financial analyses or safety reports.
Key Takeaways
- The duty to accommodate requires organizations to remove barriers faced by individuals on protected grounds.
- Reasonable accommodation can involve schedule changes, modified duties, or specialized equipment.
- Accommodation continues until it would cause undue hardship based on cost, outside funding, or health and safety.
- Employers must make genuine, documented efforts before claiming undue hardship.
Contact Achkar Law
If you have questions about the duty to accommodate, what counts as reasonable accommodation, or how to assess undue hardship, our team is here to help.
Contact Achkar Law to discuss your situation and get clear guidance on your rights and obligations under Ontario law.
Contact us by phone toll-free at 1-866-311-8180 or email us at [email protected].
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. ©
Workplace Law Topics: Human Rights Complaints, Reasonable Accommodation