Recent decision shows why HR needs to embed accommodation in process, from application to onboarding
As a recent Human Rights Tribunal of Ontario (HRTO) decision underscores, from the moment someone clicks “apply” on a job application, employers must be ready to remove barriers for candidates with disabilities.
“An applicant has a right to accommodation throughout the entire application and hiring process,” says Zack Lebane of Sherrard Kuzz.
“This can be in the application stage, the interview process itself, or the applicant can raise that they will require accommodations if they are to be employed.”
Embedding accommodation early isn’t just good practice: the Accessibility for Ontarians with Disabilities Act (AODA) makes it mandatory. When employers wait until after a conditional offer—or worse, until an applicant raises issues amid third-party security screenings—the process can grind to a halt, as it did Grandinetti v. Ontario Lottery and Gaming Corporation, 2025 where conflicting vendor deadlines derailed both the accommodation and reference checks.
Under Ontario’s Accessibility for Ontarians with Disabilities Act (AODA), employers must proactively inform candidates about available accommodations in recruitment.
That means before an individual even applies, explains Lebane, employers are required to “notify employees and the public about the availability of accommodation for applicants with disabilities in its recruitment processes.”
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