What legal duty do employers have regarding employees with disabilities?

Prepare for the Canadian Employment Law and Worker Protection Test. Access detailed questions, insightful hints, and comprehensive explanations. Enhance your understanding and perform at your best with our tailored resources.

Employers have a legal duty to accommodate employees with disabilities to the point of undue hardship. This means that they must make reasonable adjustments or modifications in the workplace to enable employees with disabilities to perform their job duties effectively. The principle of accommodation is grounded in the belief that everyone deserves equal access to employment opportunities, and it is often rooted in legislation such as the Canadian Human Rights Act and applicable provincial human rights codes.

The concept of "undue hardship" serves as a limit to this duty. It recognizes that while employers must make efforts to accommodate, there are circumstances under which the accommodations might impose excessive difficulty or cost, thereby relieving the employer from the obligation to accommodate further. However, the threshold for what constitutes undue hardship is typically high, requiring employers to thoroughly explore all possible accommodations before concluding that they cannot proceed.

In contrast, the other options do not align with the legal obligations imposed on employers. For instance, terminating employees who cannot work due to their disability disregards the duty to accommodate. Providing unlimited benefits would be impractical and not mandated by law, and ignoring the needs of employees with disabilities directly contravenes the principles of inclusivity and equality in the workplace.

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