Duty to Accommodate in Canada

This note summarizes the duty to accommodate, explains undue hardship, and lists Canadian examples where organizations were found to have failed to accommodate. It is a practical overview, not legal advice.

What the Duty to Accommodate Means

The duty to accommodate requires organizations to adjust rules, practices, or environments to enable equal participation for people with disabilities, up to the point of undue hardship.1 In workplaces, this can include scheduling changes, modified tasks, flexible communication methods, sensory adjustments, or temporary changes during illness or disability-related flare-ups.

Health services have additional responsibilities. Regulated professionals are expected to provide services without discrimination and to make reasonable changes to their practices.2

What “Undue Hardship” Means

“Undue hardship” is the legal limit on accommodation. It is not about inconvenience or preference, but about significant, demonstrable burdens such as excessive cost or serious safety risks. The Ontario Human Rights Commission notes that organizations must show they actually explored options and cannot simply rely on generalized assertions.1

In practice, undue hardship arguments often fail when an employer:

  • Does not gather evidence about costs or risks
  • Ignores lower-impact options
  • Disregards medical information
  • Treats accommodation as optional or temporary only

Canadian Examples (Workplace, Services, and Education)

These examples are linked summaries or decisions, highlighting where accommodation duties were enforced.

Workplace Accommodation Failures

  • Disability accommodation in employment (BC): Flynn v. DF Architecture Inc., 2025 BCHRT 81 (CanLII). Decision link: https://canlii.ca/t/kbzxg
    Media and legal summaries: Achkar Law’s explainer reports significant damages and lost wages in this case. https://achkarlaw.com/bc-human-rights-tribunal-awards-200000-to-complainant-for-injury-to-dignity-and-lost-wages/
  • ADHD accommodation and individualized assessment: Method Integration Inc. decision (CanLII). https://canlii.ca/t/gfggl
    Commentary and context: Stikeman Elliott’s summary explains why “Google search” accommodations are inadequate. https://stikeman.com/en-ca/kh/canadian-employment-labour-pension-law/employers-pay-attention-google-searches-will-not-replace-tailored-accommodation
  • Arbitration award (union context): Employer found to have breached the duty to accommodate; reinstatement and damages ordered. https://goldblattpartners.com/experience/notable-cases/post/arbitrator-finds-employer-breached-duty-to-accommodate-worker-with-disability/

Services and Membership (Disability)

  • Autism accommodation and membership restrictions: NJ v. Granite Club (HRTO; autism; caregiver requirement).
    Legal summary: https://pooranlaw.com/human-rights-tribunal-upholds-human-rights-for-children-with-autism/
    Advocacy/news release: https://www.autismontario.com/news/human-rights-tribunal-finds-granite-club-discriminated-against-member-basis-disability

Education and Training (Learning Disability)

  • Learning disability accommodation dispute (local outlet): CityNews Toronto report on a human rights complaint involving a student and a private college. https://toronto.citynews.ca/2023/08/16/mississauga-student-launches-human-rights-complaint-against-toronto-college/

Health Services and Professional Discipline

  • Human-rights obligations in health services (Ontario): CPSO guide for patients and physicians. https://www.cpso.on.ca/physicians/policies-guidance/policies/human-rights-in-the-provision-of-health-services/human-rights-and-health-services-a-guide-for-patie
  • Trans patient vs. doctor (HRTO litigation update): HRLSC update on court proceedings. https://hrlsc.on.ca/media-posts/ontarios-divisional-court-rejects-police-and-doctors-efforts-to-bar-human-rights-claims/
  • Discipline for discriminatory statements (BC nurse):
    Local outlet coverage: https://vancouver.citynews.ca/2025/08/15/bc-nurse-suspended-comments-transgender-people/
    Regulator decision (BCCNM): https://www.bccnm.ca/Documents/complaints/2025_03_13_BCCNM_Hamm_Decision.pdf

Mental Health and PTSD

  • PTSD discrimination finding (HRTO summary): CMHA Ontario summary of a tribunal decision involving mental health discrimination and accommodation. https://ontario.cmha.ca/news/human-rights-tribunal-decision-on-mental-health-discrimination/

Practical Takeaways for Managers and Providers

  • Ask for the impact and the barrier, not personal details that are not required
  • Document accommodation options considered and the evidence behind any refusals
  • Treat accommodations as ongoing and revisitable, not one-time fixes
  • Watch for bias in “professionalism” rules that penalize disability traits
  • Involve the worker or service user in designing what will actually work

See also

Sources

  1. Ontario Human Rights Commission. Policy on ableism and discrimination based on disability – Duty to accommodate. https://www3.ohrc.on.ca/en/policy-ableism-and-discrimination-based-disability/8-duty-accommodate ↩ ↩2

  2. College of Physicians and Surgeons of Ontario. Human rights and health services: A guide for patients. https://www.cpso.on.ca/physicians/policies-guidance/policies/human-rights-in-the-provision-of-health-services/human-rights-and-health-services-a-guide-for-patie ↩

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