No. An employer has a legal duty of reasonable accommodation up to the point of undue hardship. Courts have held that some degree of hardship in the accommodation process is acceptable, thus the bar for proving that the hardship is “undue” is quite high. In order to prove undue hardship, an employer must provide objective evidence of any financial, administrative or morale costs that it asserts will result if the proposed accommodation is adopted. Alberta Courts have held that the following considerations are relevant in determining whether an employer will suffer undue hardship if the proposed accommodations are accepted:
The size and nature of the employer: A larger employer would likely have more flexibility in absorbing potential costs or workflow interruptions associated with proposed accommodations.
The magnitude of any increased labour costs such as hiring substitute workers, paying overtime or increasing wages.
The existence of increased administration, regulatory or supervision costs.
The number of potential requests for similar accommodation from other workers.
The general economic conditions facing the firm. The duty of accommodation may need to be relaxed in order to assist employers in weathering difficult economic times.