“Workplace Accommodations in Ontario: Employer Obligations & Best Practices”
Workplace accommodations are a legal requirement under the Ontario Human Rights Code (OHRC) and the Accessibility for Ontarians with Disabilities Act (AODA). Employers must accommodate employees to the point of undue hardship while balancing business operations.
1. Understanding the Duty to Accommodate
Employers are required to accommodate employees based on:
✔️ Disability
✔️ Family status
✔️ Religion
✔️ Gender identity
✔️ Other protected grounds under the OHRC
Example: An employee with a medical condition may require modified duties or flexible work arrangements.
2. The Accommodation Process: Step-by-Step
✅ Engage in the Interactive Process
Accommodation is a two-way process. Employers must discuss needs and possible solutions with the employee.
✅ Assess the Request Objectively
Review medical documentation (if applicable) and determine what modifications are reasonable.
✅ Implement the Accommodation
Adjust work schedules, modify duties, or provide assistive technology as needed.
✅ Monitor & Adjust as Necessary
Accommodations may need periodic review to ensure effectiveness.
3. When Can an Employer Deny Accommodation?
Accommodations must be provided unless they cause undue hardship due to:
❌ Excessive Costs – Costs must be significant enough to impact business viability.
❌ Health & Safety Risks – If accommodation creates serious safety concerns for others.
However, proving undue hardship is challenging. Employers must explore all possible alternatives before denying a request.
4. Avoiding Common Legal Pitfalls
⚠️ Failing to Document the Process – Always keep records of discussions, accommodations provided, and supporting documents.
⚠️ Dismissing Requests Prematurely – Employers must explore all options before denying accommodation.
⚠️ Retaliating Against Employees Who Request Accommodations – This is strictly prohibited under the OHRC.
Providing reasonable accommodations fosters an inclusive workplace while ensuring compliance with Ontario’s legal framework.
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