Your Accommodation Was Denied — Now What?
If your Alberta employer has denied your workplace accommodation request, you have legal options. This guide walks you through exactly what to do, step by step.
Important: Under the Alberta Human Rights Act, denying reasonable accommodation without demonstrating undue hardship is illegal discrimination. Your employer bears the burden of proof — not you.
Step 1: Understand Why It Was Denied
Common (often invalid) reasons employers give:
Invalid Reasons for Denial:
- "We don't have the budget" (unless they can prove financial hardship)
- "It wouldn't be fair to other employees"
- "We've never done that before"
- "Your position requires you to be here full-time"
- "You seem fine to me"
- "Other employees with the same condition don't need accommodation"
Potentially Valid Reasons:
- Genuine safety risk that cannot be mitigated
- True undue hardship (very high bar — must threaten business viability)
- You haven't provided sufficient documentation of functional limitations
Step 2: Strengthen Your Documentation
If your initial request was denied, the most common issue is insufficient documentation. A generic doctor's note saying "patient requires accommodation" is often rejected.
What employers need:
- Specific functional limitations (not just a diagnosis)
- Recommended accommodations tied to your job duties
- Duration and review timeline
- Written by a licensed physician
MedLetter accommodation letters are specifically designed to meet employer HR requirements. Our CPSA-licensed physicians write detailed letters that include all elements employers need to process your request. Same-day delivery, $49.
Step 3: Respond in Writing
Send a written response (email is fine) that includes:
1. Reference to the Alberta Human Rights Act
2. Statement that accommodation is a legal obligation, not a discretionary benefit
3. Request for written explanation of why accommodation was denied
4. Request for what alternatives were explored
5. Statement that you're willing to participate in finding solutions
Template Language:
> "I am writing to follow up on my accommodation request dated [date]. Under the Alberta Human Rights Act, employers have a legal duty to accommodate employees with disabilities up to the point of undue hardship. I request a written explanation of why my accommodation was denied and what alternative solutions were explored. I remain willing to participate in the interactive accommodation process."
Step 4: Escalate Internally
If your direct supervisor denied the request:
- Escalate to HR department
- If no HR, escalate to senior management or business owner
- Request a formal accommodation meeting
- Bring your documentation
Step 5: File a Human Rights Complaint
If internal escalation fails, you can file a complaint with the Alberta Human Rights Commission:
The Process:
1. File online or by phone (free — no lawyer needed)
2. Commission reviews your complaint for jurisdiction
3. Mediation offered (many cases resolve here)
4. Investigation if mediation fails
5. Tribunal hearing if investigation finds merit
6. Decision and remedies ordered
Possible Remedies:
- Order to accommodate
- Financial compensation for lost wages
- Compensation for dignity and self-respect (pain and suffering)
- Policy changes at the employer
- Written apology
Time Limit:
You must file within 1 year of the discriminatory act (denial of accommodation).
Contact:
- Phone: 780-427-7661 (Edmonton) or 403-297-6571 (Calgary)
- Online: albertahumanrights.ab.ca
- Toll-free: 310-0000 then 780-427-7661
Step 6: Consider Legal Counsel
For complex cases or if you've been terminated:
- Many employment lawyers offer free initial consultations
- Legal Aid Alberta may assist if you qualify financially
- The Alberta Human Rights Commission process doesn't require a lawyer
Common Scenarios and Solutions
"We can't afford it"
Response: The employer must prove undue hardship with financial evidence. For large employers (government, corporations, healthcare systems), this is nearly impossible to prove for standard accommodations like ergonomic equipment or schedule modifications.
"Your job requires full-time in-office"
Response: The employer must prove that physical presence is a bona fide occupational requirement AND that no modification is possible. Many roles assumed to be "in-office only" have been successfully accommodated with hybrid arrangements.
"You need to provide more medical information"
Response: You must provide documentation of functional limitations and recommended accommodations. You do NOT need to disclose your specific diagnosis. If your current documentation is insufficient, get a comprehensive accommodation letter from MedLetter.
"We already accommodated you"
Response: Accommodation is an ongoing process. If your condition changes or the current accommodation isn't working, your employer must re-engage in the process.
Protect Yourself from Retaliation
It is illegal for your employer to:
- Fire you for requesting accommodation
- Reduce your hours
- Demote you
- Transfer you without consent
- Create a hostile environment
- Give negative performance reviews based on your accommodation use
If any of these happen, document everything and include retaliation in your human rights complaint.
Get Proper Documentation
The #1 reason accommodation requests are denied is insufficient documentation. Don't let a weak doctor's note stand between you and your rights.
MedLetter accommodation letters include:
- Specific functional limitations
- Job-specific accommodation recommendations
- Alberta Human Rights Act references
- Duration and review timeline
- CPSA physician credentials
Same-day delivery. $49. Accepted by all Alberta employers.
Frequently Asked Questions
Can I get a sick note online in Alberta?
Yes. CPSA-registered physicians can assess patients through virtual consultations and issue legally valid sick notes. Online notes carry the same legal weight as in-person notes.
How much does an online sick note cost in Alberta?
MedLetter charges a flat fee of $49 for a sick note, with same-day delivery. This is often faster and more convenient than visiting a walk-in clinic.
Will my employer accept an online sick note?
Yes. All Alberta employers must accept sick notes from licensed physicians. There is no legal distinction between documentation from virtual vs. in-person consultations.
How long does it take to get a sick note from MedLetter?
Most sick notes are delivered within 2-6 hours of submission. Same-day delivery is standard for requests submitted during business hours.