What are an employer's duty to accommodate obligations in Ontario?

Ontario's Human Rights Code prohibits discrimination based on protected grounds — including disability, family status, creed, age, sex, gender identity, and others — in employment. When an employee has a need connected to a protected ground, the employer has a duty to accommodate that need to the point of undue hardship.

Accommodation is a collaborative process. The employee must disclose that they have a need connected to a protected ground and participate cooperatively in finding a solution. The employer must genuinely explore all possible accommodations, which might include modified duties, schedule changes, a leave of absence, remote work, or ergonomic adjustments.

Undue hardship is the limit of the duty. It is determined by looking at the cost of accommodation, any health and safety risks, and external sources of funding. Mere inconvenience or some cost does not constitute undue hardship — the bar is high.

An employer that fails to accommodate to the point of undue hardship, or that disciplines or dismisses an employee for reasons connected to a protected ground, faces a Human Rights Tribunal application. Remedies can include reinstatement, compensation for lost income, and damages for injury to dignity.