Fact Sheet – My Rights at Work: The Duty to Accommodate in Ontario and its Limits

Is my employer allowed to say no to my request for accommodation? What does the law say?

Ontario’s Human Rights Code says that employers must provide disability-related accommodations, unless the qualification or standard is a justified job requirement, or if it causes the employer undue hardship.

Justified Job Requirement

If your request for accommodation is about a workplace qualification or standard, then the employer may be able to justify saying no to your request on the basis that the qualification or standard is essential for the job that they hired you to do. To prove this, the employer must show that the qualification or standard:

• Is connected to performing the job;
• Was put in place honestly and in good faith; and
• Cannot be changed without causing the employer undue hardship.

Sometimes, if the qualification or standard is essential to the job, the employer may be obligated to offer you another job that does not have those qualifications or standards.

Example:

• Riley was hired for the job of a delivery driver.
• Riley’s disability-related needs prevent them from driving a truck.
• Being able to operate a delivery truck safely may be a justified job requirement.
• Riley’s employer may be able to say no to their request, but may have to work with them to find a different job that works for their needs.

Undue Hardship

The employer is not required to provide the accommodation if it causes the employer hardship that reaches the point of being “undue.” “Undue” is a legal term. The law says that only three things can be considered when assessing whether an accommodation would cause undue hardship. These are:

• Cost
• Outside sources of funding, if any; or
• Health and safety requirements.

No other factors can be considered as “undue hardship.” For example, inconvenience is not a factor for assessing whether the employer is allowed to say no to your accommodation request.

If your employer shows you that your request for accommodation will cause them undue hardship, they are obligated to work with you to find a different accommodation that works for your disability-related needs.

Example:

• Parker works at a small family-owned flower shop in an old building.
• Parker requests that they install an elevator for their disability-related needs. Because Parker’s employer is a small business, installing an elevator may be so costly that it causes the employer undue hardship.
• Parker’s employer may be allowed to say no to installing an elevator if they can show undue hardship, but they are required to keep working with Parker to find another appropriate accommodation.

Note: federally-regulated employment

For employers that are federally-regulated (like the federal government, banks and air transportation companies), the Canadian Human Rights Act (the CHRA) applies instead of the Human Rights Code. Some of the laws are different for these kinds of employment relationships.

For More Information

For specific questions about your situation, persons with disabilities who live in Ontario can call ARCH for free, confidential, summary legal information and advice. To find out about the type of legal advice ARCH provides and how to book an appointment, go to: https://archdisabilitylaw.ca/services

You can also contact ARCH by teletypewriter service (TTY) at 1-866-482-2728 or by telephone at 1-866-482-2724, or by email at intake@arch.clcj.ca

* The information provided in these materials is not intended to be legal advice. Consult a lawyer or legal worker if you need legal advice on a specific matter. This information is current as of February 2025.

© ARCH Disability Law Centre, 2025