Session 1 - Strategies for Employers: Managing Workplace Accommodations– Lai-King Hum, Hum Law
The duty to accommodate employees is a complex legal obligation for Canadian employers. Failure to meet this duty can result in significant legal risks, yet many employers struggle to understand and fulfill all requirements. Questions often arise: How can both the procedural and substantive requirements be satisfied? Is an employee’s accommodation request reasonable, and must it always be accepted? When can an employer confidently claim to have reached the “undue hardship” threshold — and is that threshold realistically attainable?
Importantly, the duty extends beyond accommodating disabilities. It also applies to other protected grounds, such as religion and family status.
This session will help HR professionals understand the scope of the duty to accommodate and provide practical, actionable guidance on managing accommodation requests, mitigating liability, and establishing sound accommodation policies and processes.
Why This Session is Critical for HR
Managing accommodation needs is one of the highest-risk areas within HR’s portfolio. Missteps — such as inadequate documentation or poor communication — can lead to costly legal disputes. This seminar will equip HR professionals to manage complex cases and meet their legal obligations with confidence.
Master the accommodation process and evidentiary requirements:
- Learn how to satisfy procedural requirements, determine what medical information can and cannot be requested (with a focus on functional limitations), and develop legally sound accommodation plans for both disability and non disability needs.
Understand the scope of undue hardship
- Understand the scope and limits of the duty to accommodate to the point of undue hardship
- Be able to identify what is and what is not undue hardship
Implement best practices
- Develop and implement clear, collaborative, proactive, and compliant accommodation policies to minimize legal exposure and foster a respectful, productive workplace.
Session 2 – Legal Duty to Accommodate: Removing Barriers for Neurodivergent & Disabled Employee - Gillian Forth
This practical workshop is designed for HR professionals responsible for interpreting, advising on, and implementing the legal duty to accommodate neurodivergent and disabled employees in Canada (Ontario).
Participants will gain a clear, understanding of what the duty to accommodate requires in practice, including where employer obligations begin and end, how undue hardship is defined and frequently misapplied, and how common HR practices unintentionally create legal and equity risks.
This session prioritizes practical application over theory, using realistic scenarios and case examples to help HR professionals move from reactive compliance to proactive barrier removal, reducing risk while improving employee retention and performance.
Learning Objectives:
- Participants will be able to clearly explain the legal duty to accommodate and its application to neurodivergent and disabled employees, distinguish between legitimate limits and unlawful refusals of accommodation, including a realistic understanding of undue hardship.
- Participants will be able to identify systemic workplace barriers embedded in policies, performance expectations, and communication norms and respond appropriately to accommodation requests without unnecessary medicalization or overreliance on disclosure.
- Participants will be able to proactively design and support accommodations that are effective, proportionate, and legally defensible with a greater understanding of universal design principles.
Agenda
12:00am-12:45pm Lunch
12:45am-2:15am Zoom starts here Strategies for Employers: Managing Workplace Accommodations– Lai-King Hum, Hum Law
2:15am-2:25pm Break
2:25pm-3:55pm Legal Duty to Accommodate: Removing Barriers for Neurodivergent & Disabled Employee - Gillian Forth
3:55pm-4:00pm Wrap up
Registration Difficulties or Questions: Please reach out to Tracey Gallacher, Specialist, Member Engagement