Undue hardship gets a little easier

3 notable cases in 2008 helped redefine the test for what constitutes ‘undue hardship’ when accommodating employees with disabilities
By Catherine Milne
|Canadian Employment Law Today|Last Updated: 10/20/2010

A new standard for hardship

The Supreme Court of Canada issued two landmark decisions in the summer of 2008 that changed the accommodation landscape for employers. The decisions relaxed standards for employers to prove reasonable effort for accommodation and they weren’t required to make fundamental changes to working conditions to accommodate, as opposed to a threshold of “impossibility” to accommodate they were held to previously.