Where accommodation creates significant challenges in the workplace or causes the employer to suffer onerous financial expense, an employer may claim undue hardship which if the threshold is met, will relieve the employer of their obligation under the duty to accommodate. Employers are not expected to experience undue hardship to satisfy their duty to accommodate. The threshold to effectively demonstrate that accommodation is creating undue hardship for an employer will be assessed based on the nature and cost of accommodation in relation to the size and nature of the employer’s operation.
An employer is required to accommodate employees if illness, injury, or care giving (parent/child relationship regardless of the age) responsibilities prevent an employee from performing their duties. Employer obligations do not require the employer to suffer undue hardship.
The factors that are considered in determining undue hardship are: cost, outside sources of funding, if any, and health and safety requirements, if any.
The claim of undue hardship cannot be arbitrary, and an employer must act in good faith.
The examples noted below may be typical in nature and in most cases, would not be viewed as causing undue hardship; therefore, an employer may reasonably be required to offer the following to employees to support a safe, comfortable, and productive work environment:
- Offering employees alternative work schedules to accommodate supervision of young children before and after school or to check on elderly parents.
- Ability to leave work early/arrive late to participate in parent/teacher interviews or accompany children or elderly parents to medical appointments.
- Certain ergonomic equipment necessary to support employee safety, comfort, and productivity ie. Adjustable height chairs, sit/stand desk, anti-fatigue mat for employees who are required to stand for prolonged periods of time, monitor raisers, alternate mouse devices, headsets, etc.