What is accommodation?
When a space or tool is not accessible, we must prove accommodations. Therefore, accommodations are an essential part of accessibility legislation. Within national and provincial legislation, accommodation is usually understood as helping a person, maybe due to disability, complete work, studying, or daily life goals. Below, we explain this in more depth by discussing the duty to accommodate undue hardship from the Canadian Human Rights Act.
Duty to Accommodate
The Canadian Human Rights Act defines the duty to accommodate as actions that employers and service providers must take to ensure that all people can fully participate. For example, accommodations might take the form of making changes to rules, policies, and practices or making changes to the physical and social environment. Also, accommodation aims to reduce or eliminate discrimination based on ability, caregiving needs, or other areas. For more information, see the Canadian Human Rights Commissions website.
What is Undue Hardship
There are limits on the accommodation expectations of the employer or service provider. These limits are called undue hardship. Most undue hardship arguments are about high costs or health and safety issues. Undue hardship may result in a refusal or negotiation of the accommodation. Employers and service providers must justify accommodation refusals with evidence to back up their claims.