Tribunal Rules Against Employer in Religious Accommodation Case

A recent decision from the Human Rights Tribunal of Ontario is a reminder to employers of their obligation to accommodate employees’ religious practices under the provincial Human Rights Code.

Under the Code, employers have a duty to accommodate an employee’s religious beliefs and practices, as long as the accommodation does not cause undue hardship to the employer.

The case involved a Muslim woman who was awarded nearly $45,000 after her employer failed to provide her with reasonable accommodations for prayer and ultimately terminated her employment.

According to HR Law Canada (article linked below), during a 3-day hearing in February 2024, the woman testified that her requests for schedule changes to accommodate prayer during Ramadan were denied by her employer. The business owner allegedly refused the accommodation, stating that doing so meant having to accommodate all religions. The situation escalated when the woman was interrupted during prayer, leading to a verbal confrontation and her dismissal the following day.

This case highlights the importance of understanding the limits of undue hardship and ensuring that workplace policies do not inadvertently lead to discrimination. Developing fair, compliant accommodation policies can help employers navigate complex situations and avoid legal disputes.

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