The Duty To Accommodate Is Not Unlimited

The decision in Purina Petcare¹ reinforces three propositions that favour Ontario employers faced with the prospect of providing permanent workplace accommodations:

• While every case will be fact specific, an employer is generally not required to create a new job or remove another employee from his or her position to accommodate a disabled employee;
• An employer can expect that a grievor will be able to perform the core duties of his or her job. Accommodating permanent restrictions does not require an employer to remove these core duties permanently; and
• It may not be a violation of the Ontario Human Rights Code (OHRC) to take the position that employment has been frustrated if the employer no longer has sufficient job duties available within the grievor's restrictions.