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ARTICLE · 23 SEPTEMBER 2022

HR Space The Procedural Duty To Accomodate

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The procedural duty involves the considerations, assessments and steps taken to respond to an accommodation need. The courts have said that, "a failure to give any thought or consideration...

CanadaEmployment and HR
Jeff Adams
Jeff Adams
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It is now well established that the duty to accommodate has both a procedural component (the process) and a substantive component (the accommodation provided). The Ontario Human Rights Commission describes the two components as follows:

The procedural duty involves the considerations, assessments and steps taken to respond to an accommodation need. The courts have said that, "a failure to give any thought or consideration to the issue of accommodation, including what, if any, steps could be taken constitutes a failure to satisfy the 'procedural' duty to accommodate."

The substantive duty is about the appropriateness or reasonableness of the chosen accommodation as well as the reasons for not providing an accommodation, including proof of undue hardship.1

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