Duty to Accommodate

Denied Accommodation at Work?

They Have to Make It Work

If your health or family needs affect your work, your employer has to try to adjust.
Modified duties, modified hours, time off for treatment, they have to consider it.
Refusing to even try can be a human rights violation, and a firing in disguise.
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Confidential

Your partner tothe job that fits you.

You asked for a reasonable change, and they said no. That refusal can be a human rights violation. Mirza Law gets back what you're owed, and holds them to the duty they owe you.

"Accommodation isn't a favour, it's the law. If a medical condition or a family situation affects your work, your employer has to try to make it work, unless it's a genuine hardship."

— Amir Mirza

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From offer
to what you're owed

01

Free consult

Tell us what you asked for and how they responded, the modified duties, the hours, the time off. We work out whether they breached the duty to accommodate, at no cost.

02

The claim

We put your employer on notice, the accommodation you're owed, plus severance and human rights damages if they pushed you out, backed by the law.

03

Resolution

You get the accommodation, the compensation, or both, so you can keep working or move on, on fair terms.

“That’s not our problem.”
Amir Mirza, Managing Attorney of Mirza Law
Law Society of Ontario

Amir Mirza

Managing Attorney

Licensed: 2017

Workplace accommodation and medical leave in Ontario

What does the duty to accommodate actually mean?

If a medical condition or a family situation affects your work, your employer has to make a real effort to adjust so you can keep doing your job, modified duties, changed hours, time off for treatment, or working from home where it fits. It's a legal duty, not a favour. “It's a bit inconvenient” is not a way out of it.

Does it cover family responsibilities too?

Often, yes. The duty covers family status, like real childcare or caring for a sick parent, on top of your own medical needs. If a schedule change makes it impossible to meet a genuine family obligation and there's no other way, your employer generally has to work with you on it.

Can they ever just say no?

Only in a narrow case. An employer can refuse if accommodating you would cause genuine, serious hardship, real cost or real disruption, not just mild inconvenience. That bar is high, and they have to actually look into it first. Saying no without trying is usually where they cross the line. And demanding you be “100% recovered” before they'll adjust anything flips the duty on its head; the whole point is to bridge the gap.

Doctor's notes and your privacy

Your own doctor's note is usually enough. Your employer can ask what you can and can't do and what you need, but they can't endlessly demand more proof to stall, and they're not entitled to your diagnosis. Using “we need another note” to avoid accommodating you can itself be part of a failure to accommodate.

What you can get if they refused to accommodate you

It depends on what happened, but it can be significant. If you were pushed out, that can be a constructive dismissal, and you'd be owed severance plus human rights damages. If you're still employed, the goal may be getting the accommodation enforced. Either way, a refusal to accommodate is something the law takes seriously. The review is free.

Testimonials

Our Clients

Mirza Law has earned 4.8 stars on Google, and
is also top-rated by Best Lawyers Canada, TrustAnalytica, and others

I couldn't be happier with the legal representation I received from Mirza Law. Amir negotiated a significantly higher severance package from what I was initially offered. I’m very grateful for the outcome. He explained every step of the process and was responsive throughout my case.

Sam Tokarz
Sam TokarzClient of Mirza Law

I highly recommend Amir Mirza if your long-term disability insurance claim was denied and you are considering taking legal action. Amir provided me with several options and explained how the process works very thoroughly. He took the time to answer all of my questions and concerns and always responded in a timely manner. I appreciated his caring approach during a stressful time in my life and never felt pressured to pursue litigation when speaking with him.

Sheri Crovetto
Sheri CrovettoClient of Mirza Law

Mirza Law was professional, responsive, and easy to work with. The team provided clear guidance throughout the process and made everything straightforward to understand. I appreciated their support and would recommend them to anyone looking for reliable legal assistance.

James Nigro
James NigroClient of Mirza Law

I can't say enough great things about my experience with this firm. Amir was incredibly helpful and secured a much better settlement than I was initially offered. Couldn't have asked for more. I would definitely recommend Mirza Law.

Nikki Honarkaran
Nikki HonarkaranClient of Mirza Law

My wife's long term disability benefits were cut off after two years and the team at Mirza Law helped us to get them back. We were working with Amir who dealt with our insurance company directly. He took the time to explain the whole process and laid out our options so we always understood where things stood.

Pouya
PouyaClient of Mirza Law

I reached out to this law firm after being denied by Manulife for my long term disability benefits. Amir is genuinely one of the kindest and caring lawyers I have ever met. He guided me through this very difficult period in my life. I understood each part of the process and never felt rushed.

Jessica Turner
Jessica TurnerClient of Mirza Law
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What your free review includes:

We review what happened to you
A clear read on your rights and what you're owed
Severance plus any human rights damages
We put your employer on notice
We deal with your employer for you
Your case review is free
FAQ

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