Duty to accommodate

In some circumstances, the nature or degree of a person's disability may preclude that individual from performing the essential duties of a job. Subsection 17(1) provides that the right to equal treatment in employment is not infringed if the individual is incapable of performing or fulfilling the essential duties of the position because of a disability.

However, subsection 17(2) provides that a job applicant or employee shall not be found incapable of performing the essential duties of a job, unless it can be demonstrated that it would cause undue hardship to accommodate her or his needs. The standard of undue hardship considers the cost of the required accommodation and any health and safety concerns that may be involved (see further the OHRC’s Policy and guidelines on disability and the duty to accommodate,).

A person who requires accommodation to perform the essential duties of a job has a responsibility to communicate her or his needs in sufficient detail and to cooperate in consultations to enable the person responsible for accommodation to respond to the request.

The duty to provide accommodation extends to all facets of the employment process: hiring, employment testing, on-the-job training, working conditions, transfer, promotions, etc. See also the section on disability-related accommodation in Human Rights at Work.