Human Rights at Work
Employers have a duty to accommodate employees’ needs related to protected characteristics, but only up to the point of “undue hardship”.
Accommodations must be reasonable and practical, and employees cannot reject a reasonable accommodation just because it is not their preferred solution.
Undue hardship occurs when accommodating an employee would create excessive difficulty or risk for the employer. There is no one test for undue hardship, however, factors considered include:
Cost: If the accommodation would create substantial financial burden to the employer. For example, a small business may argue that buying specialized equipment to accommodate an employee would impose undue hardship.
Health or Safety Risks: If the accommodation would likely cause significant harm to another party. For example, an employer may deny a request to wear a Kirpan (a ceremonial dagger worn by some Sikhs as a religious symbol) at a workplace where sharp objects are banned for safety reasons, such as a prison or a school.
Conflicting Rights: Accommodations cannot interfere with or violate the rights of other employees. For example, an employer may deny an employee’s request to work a highly flexible schedule to care for a family member if it would prevent other employees from completing joint projects.
Employers and employees are expected to work together to find accommodations that meet the employee’s needs while remaining practical and fair to everyone in the workplace. Examples of accommodations could include adjusting work schedules, providing assistive technology, or modifying workspaces.
Employers may also treat employees differently where a physical or mental disability reasonably prevents the employee from performing essential parts of the job, or where a “bona fide occupational requirement” or a legal limit applies. These exceptions allow employers to set requirements or limits that are necessary for the safe, effective, or lawful operation of the workplace, provided they are justified in a free and democratic society.
Some examples of these exceptions are:
“Bona Fide Occupational Requirement”: Certain jobs require strict strength and endurance standards, like paramedics or dockworkers. If an applicant cannot meet these standards due to a disability, the employer may lawfully reject them because the physical requirement is essential to the job. However, if a physical requirement is not necessary to do the job safety and effectively, and effectively prevents a certain group from holding the job, then the requirement can be ruled discriminatory.
Legal Requirements: A pilot must hold a valid license and pass regular medical checks. If an employee has a medical condition that prevents them from safely operating a plane, the employer may deny their request for an accommodation or refuse to hire them because passenger safety is at stake.
Other Requirements: Some security officers must carry a firearm. If an employee cannot carry a gun due to a religious objection, the employer may lawfully reject an accommodation because carrying a firearm is essential to performing the job safely.