Employers often say they can’t accommodate an employee because it would cause “undue hardship.” In reality, the legal threshold for undue hardship in Canada is very high, and most workplace accommodation requests do not meet it.
Below are real-world undue hardship examples, explained in plain language, to show when an employer may lawfully refuse accommodation — and when they can’t.
What Counts as Undue Hardship?
Under Canadian employment and human rights law, employers must accommodate employees to the point of undue hardship — not inconvenience, preference, or minor difficulty.
Undue hardship generally requires evidence of:
- Serious health or safety risks
- Excessive financial cost (relative to the employer’s size and resources)
- A lack of reasonable alternatives after good-faith efforts
Undue Hardship vs Inconvenience
Many employers confuse undue hardship with inconvenience.
The following are not undue hardship in most cases:
- Scheduling challenges
- Coworker complaints
- Reduced productivity
- Customer preference
- Discomfort with modified duties
- The need to change existing policies
The law expects employers to adjust the workplace, not deny accommodation at the first sign of difficulty.
Undue Hardship Examples for Employees
Example 1: Modified Work Hours
Employer’s claim:
Adjusting an employee’s hours to accommodate a medical condition would disrupt scheduling.
Legal reality:
Scheduling inconvenience alone is not undue hardship. Employers are generally expected to explore...
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