Under the Canadian Human Rights Act and provincial/territorial human rights legislation, employers have an obligation to ensure that people who are able to work aren’t unfairly excluded from employment based on prohibited grounds of discrimination, such as disability.
This is called the duty to accommodate, which means that your employer is expected to remove barriers to your participation in employment where conditions can be adjusted without undue hardship. This may require that alternative arrangements be made to ensure your full participation.
Sometimes accommodation is not possible because it would cause your organization undue hardship. Before refusing to provide accommodation, your employer would first need to demonstrate that the cost would be so great as to change the nature of the organization or to threaten its viability, or that the accommodation would pose significant health or safety risks. There is no precise legal definition of undue hardship, so each situation should be assessed individually. Considerations such as inconvenience, moderate costs, or the perceptions and preferences of other employees are not valid reasons for refusing to accommodate. Studies have shown that accommodations often cost nothing or very little and can save organizations money by retaining skilled employees and reducing the need for recruitment and training of new staff.
While you have a right to accommodation to the point of undue hardship, you are not guaranteed your preferred method of accommodation if another option is available that meets your needs. For example, you might experience arthritis-related fatigue and you may ask to work from 12pm-8pm everyday instead of 9am-5pm. If this isn’t possible, you might be permitted to work from home in the mornings on days when your symptoms are bad.