Accommodation and undue hardship
There is a test to decide if the Code requires an employer, service provider (such as the TTC), landlord or other person to accommodate a person with a disability. In this section, “accommodation” means meeting the needs of a person with a disability.
If you are a person with a disability, and you are able to do the job or meet the requirements once your needs are met, there is a duty to accommodate those needs unless they are unduly costly or would create real health or safety dangers. The employer, landlord or service provider should consider outside sources of funding to accommodate your needs if not otherwise affordable.
You are responsible for certain things, such as making your needs known, giving information about your restrictions or limitations, taking part in discussions about possible accommodation solutions, and working with the accommodation provider on an ongoing basis to manage the accommodation process.
Your employer (or housing provider, etc.) is responsible for other things, including accepting your requests in good faith (unless there are legitimate reasons not to), getting expert opinions or advice where needed, asking for more information (if needed) to facilitate the accommodation process, taking an active role in arranging the accommodation, keeping your information confidential, and paying the cost of medical documentation (such as doctor’s notes) setting out accommodation needs, etc.
Ability to perform essential duties and requirements
Essential duties and requirements are those that are needed to use a service, have access to housing or to do a job. The requirement must be reasonable and genuine. For example, if a person applies for a job as a lawyer, it may not be essential that he or she can operate a photocopier. However, if that person is applying for a job in a copy shop, the ability to use a photocopier is likely essential.
If you cannot perform the essential duties or requirements of a job, you should identify any needs that may allow you to do these essential duties or requirements. Your employer then must try to meet your needs, to the point of undue hardship, which considers costs, any outside sources of funding, and any health or safety concerns. If needs simply cannot be met or you cannot do the job even after your needs are met, your employer’s duty to accommodate ends and there is no violation of the Code.
If your disability prevents access to housing or use of a service, you should identify any needs that may allow such access or use. A landlord or service provider must then try to meet these needs to the point of undue hardship, which considers cost, any outside sources of funding and any health or safety concerns. If your needs simply cannot be met or you still cannot access housing or use the service even after your needs have been met, the landlord’s or the service provider’s duty to accommodate ends, and there is no violation of the Code.
[32] For more detailed information on the duty to accommodate persons with disabilities, see the OHRC’s Policy and guidelines on disability and the duty to accommodate (2001).