Log inStart free
Home / HR glossary / Duty to accommodate
HR glossary · Leave, health and benefits

Duty to accommodate

The duty to accommodate is an employer's duty under human rights law to adjust work for needs tied to a protected ground, up to undue hardship.

Also called: accommodation, workplace accommodation, reasonable accommodation

What duty to accommodate means

The duty to accommodate is an employer's obligation, under human rights law, to change how work is done so that an employee or job applicant is not disadvantaged because of a protected characteristic. Disability is one reason, and the duty also covers grounds such as religion, family status, sex (including pregnancy) and age.

Accommodation can be simple: a different chair, a later start time, time off for a religious holiday, a quieter workspace, or a gradual return after surgery. It can also be bigger: changing duties, moving someone to another job, or adjusting a policy that affects one group more than others.

The duty is not unlimited. You must accommodate up to the point of undue hardship, which is a high bar. Saying a change is inconvenient or costs something is not enough on its own.

How it works

Accommodation is a shared process. The employee tells you they have a need related to a protected ground. You ask for the information you need to understand the limits or needs, not the diagnosis. Together you look at options, choose one, write it down and review it after a set time.

Ask for the right information. For a disability, that usually means the employee's functional limitations and how long they are expected to last, from their health care provider. British Columbia, which limits sick notes for short absences, still allows employers to ask for a note for accommodation or return-to-work purposes.

Look at options in order: can the employee do their own job with changes? If not, can they do their own job with different duties? If not, is there another job they can do? Record what you considered, even the options that did not work, and why.

The employee also has a role. They should cooperate with reasonable requests for information and consider a reasonable option even if it is not the one they would most prefer. A union, if there is one, also has a role.

The duty starts in hiring. In interviews, ask whether a candidate can do the real duties of the job with or without accommodation, not about their health. Offer accommodation for the interview itself if a candidate asks.

Is it the same in every province?

Every province and territory has a human rights law that protects people from discrimination on grounds such as disability, family status, religion and sex, and federally regulated employers follow the Canadian Human Rights Act. The idea of accommodating to the point of undue hardship applies across Canada; the list of protected grounds differs a little by province, so check yours.

Example: A back injury at an Edmonton warehouse

Kevin runs a 20-person distribution warehouse in Edmonton. His picker Aaliyah returns from a back injury with a note from her physiotherapist saying she cannot lift more than a set weight for 8 weeks. The note lists her limits but not her diagnosis.

Kevin and Aaliyah meet and look at options. Most of her picking is light items, so they agree she will skip heavy pallets, a coworker will handle those, and she will help with inventory counts for part of each shift. Kevin writes the plan down, sets a review date at 4 weeks and asks for an updated note before the 8 weeks end.

Disability management in the Staffkin HR Suite

Staffkin HR Suite disability management records accommodation cases and return-to-work plans so you can see what was agreed and when to review it. Book a demo to see it.

Book a demo

Free tools and guides for this

Questions about duty to accommodate

What is the duty to accommodate in Canada?

It is an employer's legal duty under human rights law to adjust work for an employee's needs related to a protected ground, such as disability, up to the point of undue hardship.

Can I ask for a medical diagnosis when someone asks for accommodation?

Generally no. Ask for the functional limitations and how long they are expected to last. The diagnosis is usually not needed to plan accommodation.

Does the duty to accommodate apply to job applicants?

Yes. Human rights law covers hiring. Ask whether a candidate can do the job's real duties with or without accommodation, and accommodate the interview if asked.

Related terms

Undue hardshipUndue hardship is the limit of an employer's duty to accommodate: the point where an.Return-to-work planA return-to-work plan is a written plan for bringing an employee back after an illness.Disability managementDisability management is how an employer handles illness, injury and disability at work.Human rights code (protected grounds)Human rights laws ban treating applicants or employees differently on protected grounds.Bona fide occupational requirement (BFOR)A BFOR is a job requirement that excludes some people on a protected ground but is.Modified dutiesTemporary changes to a job so an injured or ill worker can safely return to work before.Medical notes (sick notes)A medical note is a health provider's statement that an employee is or was unfit to work..All HR terms165 plain-language definitions

Official sources

General information for Canadian employers, not legal advice. Rules differ by province and territory and change over time, so check with your provincial employment standards office (or the federal Labour Program if you are federally regulated) before you rely on it. See employment standards by province.

Checked against official sources on 4 November 2026.