The Limits On The Duty To Accommodate

A recent case from the Human Rights Tribunal of Ontario provides guidance to employers on the extent of the duty to accommodate. In Pourasadi v Bentley Leathers Inc., the Applicant alleged that she was discriminated against on the basis of disability after her employment as a Store Manager was terminated. She argued that the employer failed to provide reasonable accommodation to the point of undue hardship.

The Respondent was a retailer selling a variety of items, including purses, wallets, backpacks and luggage. The Store Manager position was predominately a sales/customer service job, with some duties related to merchandizing, displays, housekeeping, training and development.