CanadaIs my employer required to accommodate my disability in the workplace?
Yes, your employer in Canada is generally required to accommodate your disability up to the point of undue hardship, as required by the Canadian Human Rights Act.
What the Law Says
The Canadian Human Rights Act (CHRA) prohibits discrimination in employment based on disability — a 'prohibited ground' — and requires employers to take steps to accommodate employees’ needs unless doing so would cause undue hardship.
Under section 7 of the CHRA, it is a discriminatory practice for an employer to refuse to employ or continue to employ someone — or to treat them adversely in employment — because of a prohibited ground, including disability.
Section 15 provides an important exception: employment practices based on a 'bona fide occupational requirement' (BFOQ) are not considered discriminatory. This means an employer may justify a rule or standard if it is essential to the job and cannot be reasonably modified — but only after showing that accommodation was considered and found to cause undue hardship.
Accommodation is not optional: employers must proactively explore options such as modified duties, flexible hours, assistive devices, or workplace adjustments — unless they can prove that doing so would impose undue hardship based on cost, health and safety risks, or operational constraints.
Statutory TextIt is a discriminatory practice to refuse to employ or continue to employ, or to differentiate adversely in the course of employment, on a prohibited ground.
— Canadian Human Rights Act, s. 7 — Employment
Statutory TextEmployment practices based on a bona fide occupational requirement are not discriminatory.
— Canadian Human Rights Act, s. 15 — Bona fide occupational requirement
What Courts Have Said
The Supreme Court of Canada has clarified how human rights accommodation claims intersect with collective bargaining and labour arbitration — especially in unionized workplaces.
The Court held that in unionized workplaces governed by a collective agreement, labour arbitrators have exclusive jurisdiction over human rights complaints related to accommodation — meaning employees generally must pursue such claims through arbitration, not the Canadian Human Rights Commission, unless the collective agreement clearly excludes human rights matters.
What to Do
Inform your employer — in writing if possible — about your disability and accommodation needs.
Cooperate in the accommodation process by providing necessary medical or functional information (only what’s relevant).
If your employer refuses accommodation without justification, file a complaint with the Canadian Human Rights Commission within 12 months of the incident.
If you’re unionized, consult your steward or union representative — your grievance may need to go through arbitration first, per Horrocks.
Keep records of all requests, responses, meetings, and medical documentation.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.