Recent Ontario human rights jurisprudence has reaffirmed many of the principles associated with the employer’s duty to accommodate. In particular, when assessing accommodation requests, employers need not apply/accept each accommodation request, but must ensure that they are only denying or limiting lawful accommodation requests in the presence of sufficient evidence to support the limitation or denial.
With the legalization of recreational cannabis in full effect, employers continue to grapple with the workplace implications of its use. However, having to balance statutory obligations under both health and safety and human rights legislation is not a new problem for employers.
The right to accommodation at work in Canada is not absolute. Employers only have an obligation to accommodate disabled employees up to undue hardship and can therefore terminate or suspend disabled employees if the employee cannot be accommodated.