Duty to Accommodate in Ontario

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What is the Duty to Accommodate in Ontario?

Under the Ontario Human Rights Code, employers must make reasonable efforts to adjust workplace policies, schedules, or job duties to support employees facing barriers due to a protected ground, such as disability, pregnancy, or religious needs. Accommodation should be provided unless it causes undue hardship to the employer, meaning it would create significant financial or operational difficulties.

Examples of Workplace Accommodations

Modified Work Hours: Duty to accommodate in Ontario might require the employer to adjust schedules for medical appointments or personal needs.
Ergonomic Adjustments: Providing specialized equipment or modified workspaces.
Remote Work Options: Allowing work-from-home arrangements where feasible.
Job Duty Modifications: Altering responsibilities to match an employee’s abilities.
Leave of Absence: Granting medical or personal leave as necessary is an example of duty to accommodate in Ontario.

Employer Responsibilities- Duty to Accommodate in Ontario

Employers must engage in a good-faith interactive process to assess an employee’s accommodation needs. This includes reviewing medical documentation (where applicable) and working collaboratively to find reasonable solutions.

Employee Responsibilities

Employees must communicate their needs and participate in the accommodation process. While they are not required to disclose private medical details, they should provide enough information to justify the accommodation request.

When Employers Fail to Accommodate- The Duty to Accommodate in Ontario

In Ontario, employers have a legal obligation under the Human Rights Code to accommodate employees based on disability, religion, family status, and other protected grounds—unless doing so causes undue hardship.

The duty to accommodate in Ontario requires employers to assess each request individually and explore reasonable solutions, such as modified duties, flexible hours, or medical leave. A refusal to accommodate without proper justification may amount to discrimination.

If an employer fails to meet this duty, employees can file a complaint with the Human Rights Tribunal of Ontario (HRTO) or seek legal advice. Remedies may include compensation for lost income, emotional harm, and orders requiring the employer to implement proper accommodations.

If you believe your employer has failed to accommodate you, it’s important to speak with an employment lawyer to understand your rights.

How K. Miller Law Can Help

If your employer has failed to accommodate your needs, K. Miller Law is here to support you. We advocate for employees who have been unfairly denied workplace accommodations and will work to uphold your rights.

Don’t let workplace discrimination go unchallenged. Contact us today for a FREE consultation and let’s protect your rights together.

How Else We Can Help

Whether you’re facing wrongful dismissal, workplace harassment, discrimination, unpaid wages, or severance disputes in Ontario, we are here to advocate for you every step of the way. At K. Miller Law, we protect employee rights and fight for fair treatment, ensuring workers across the province get the justice and compensation they deserve.

We Serve Ontario

At K. Miller Law, we represent employees across Ontario, providing trusted legal guidance no matter where you are.

With the ability to connect remotely, we ensure that location is never a barrier to receiving strong legal representation.

Whether you are in a bustling city or a smaller community, we are committed to advocating for your rights and securing fair outcomes. Here are just a few of the areas where we have assisted employees in resolving workplace disputes.