In Pourasadi v Bentley Leathers Inc., the Human Rights Tribunal found that accommodating a store manager by permitting the employee not to assist customers was not required, since assisting customers was an essential duty of her position.
point of undue hardship
Under human rights legislation, employers have a duty to accommodate an employee’s needs related to a prohibited ground of discrimination to the point of undue hardship. It can often be difficult for employers and their legal counsel to assess when the point of undue hardship is reached.
A recent decision of the Ontario Human Rights Tribunal provides a timely reminder of two important points in the context of accommodation of employees...