Duty to Accommodate: Disability Rights in the Ontario Workplace

What Is the Duty to Accommodate?

The duty to accommodate means that employers must make adjustments to the workplace or to an employee's job duties to allow them to perform their work despite a disability. This applies to both physical and mental disabilities.

What Is Undue Hardship?

An employer only has to accommodate up to the point of undue hardship. This is a very high legal threshold. Factors considered include:

• Cost: The financial cost of the accommodation must be so high that it would substantially affect the business.
• Outside sources of funding: Grants or subsidies that could offset the cost.
• Health and safety requirements: If the accommodation would create a significant safety risk to others.

Medical Notes and Information

To trigger the duty to accommodate, you generally need to provide medical information from a qualified health professional.

• The diagnosis: You do NOT usually have to disclose your specific diagnosis (e.g., "Depression"), only that you have a medical condition.
• The limitations: You MUST provide information about your functional limitations and restrictions (e.g., "cannot lift more than 10 lbs", "requires 15-minute breaks every 2 hours").
• The duration: Whether the need for accommodation is temporary or permanent.

The Accommodation Process

Accommodation is a shared responsibility. It requires a collaborative effort:

1. Employee: Request accommodation and provide necessary medical information.
2. Employer: Accept the request in good faith, request only necessary information, and look for solutions.
3. Union (if applicable): Participate in the process and support the accommodation.

Common Accommodations

• Modified job duties or physical workspace changes.
• Flexible scheduling or reduced hours.
• Assistive technology or specialized equipment.
• Leave of absence for treatment or recovery.
• Retraining for a different position if the original job cannot be performed.

If Your Employer Refuses

If your employer refuses to accommodate without proving undue hardship, or if they terminate you because of your disability, you may have a claim for:

• Human Rights Tribunal of Ontario (HRTO) Application: Seeking damages for injury to dignity, lost wages, and reinstatement.
• Wrongful Dismissal: If the refusal leads to your termination.