Duty to accommodate

Human rights statutes protect employees from discrimination on listed grounds, and disability is one of them. In both the federal and Ontario statutes, accommodating an individual’s needs is tied to the idea of undue hardship: a practice is not excused unless accommodation would impose undue hardship on the person who has to provide it. A buyer meets this when staff on protected leave, or with a medical restriction, come with the business. See what happens to an employee on leave when the business is sold.

How the statutes frame it

The Canadian Human Rights Act covers matters within Parliament’s authority, so it reaches federally regulated employers. For a practice to count as a bona fide occupational requirement, it must be established that accommodating the needs of the individual or class would impose undue hardship. Ontario’s Human Rights Code guarantees equal treatment in employment, including on the ground of disability, subject to exceptions such as those in sections 24 and 25, and its test looks at cost, outside sources of funding and health and safety requirements, along with any standards the regulations prescribe. This entry covers the federal Act and Ontario’s Code only; check the rules in the province where the business is.

What to ask the seller

• Which employees have current accommodations, and what are they
• Whether any accommodation request or human rights complaint is open
• What medical information the employer holds, and who may see it