Having your accommodation request denied is frustrating and stressful, but it's not the end of the road. Many denials are improper — employers often misunderstand their legal obligations or apply the 'undue hardship' standard incorrectly. This guide explains your options and how to fight back.
If your employer denied your request verbally, ask for written confirmation including their specific reasons. This is crucial evidence if you need to escalate.
Employers can only deny accommodation if they can prove 'undue hardship.' This is a very high legal bar. Common invalid reasons include: cost (unless truly prohibitive), inconvenience, preference, or 'company culture.'
Many organizations have internal appeal processes. Request a formal review by someone other than the person who denied your request. Provide additional medical documentation if needed.
If internal appeals fail, you can file a complaint with the Alberta Human Rights Commission (AHRC). This is free and you don't need a lawyer. The AHRC investigates and can order remedies including the accommodation, back pay, and damages.
For complex cases or if you've suffered significant damages (job loss, demotion, health deterioration), consider consulting an employment lawyer. Many offer free initial consultations.
Yes, and you should. Filing a complaint while employed protects you from retaliation. If your employer retaliates (demotion, hostile treatment, termination), that becomes additional grounds for your complaint.
The AHRC can order: implementation of the accommodation, back pay for lost wages, compensation for injury to dignity (typically $5,000-$35,000), reimbursement for expenses, and policy changes to prevent future discrimination.
Often yes. A more detailed letter that specifically addresses the employer's stated reasons for denial can be very powerful. For example, if they claimed your condition doesn't require the accommodation, a more detailed letter explaining why it does can overcome their objection.
Retaliation is illegal under the Alberta Human Rights Act. Document everything (reduced hours, hostile treatment, poor performance reviews, demotion, termination) and include it in your human rights complaint. Retaliation claims often result in additional compensation.