Employment & HR

Duty to Accommodate

Also called: Human Rights Accommodation, Undue Hardship

A legal obligation to adjust workplace rules or conditions for protected grounds, up to the point of undue hardship.

Varies by jurisdiction. Each province has its own human rights code, with federally regulated employers under the Canadian Human Rights Act.

Human rights legislation requires accommodation for grounds such as disability, religion and family status. The employer must accommodate to the point of undue hardship, assessed on factors including cost and health and safety. The employee is expected to participate in finding a workable arrangement.

Why it matters: the obligation is procedural as well as substantive — failing to properly consider accommodation can itself breach the legislation.

Related terms

Need this applied to your situation?

A definition can tell you what a term means. It cannot tell you what to do about your matter — that needs a licensed lawyer who knows the facts.

Legal information, not legal advice. Rules differ by province and change over time. A licensed lawyer must review your matter.

Editorial status: Lawkin Editorial — pending independent legal review.

Duty to Accommodate — Canadian legal glossary | Lawkin — Lawkin