Duty extends to a broad range of areas

Duty to accommodate to the point of hardship
By Eric Roher and Michelle Henry
|Canadian Employment Law Today


An employer’s duty to take reasonable steps to accommodate an employee’s needs to the point of undue hardship is well established in human rights law.

The duty to accommodate is generally thought of in relation to disability; but the duty extends to a broad range of protected grounds including religion, sex and family status. Adjudicators have recently adopted an expansive view of the duty to accommodate and set a higher threshold for proving undue hardship.