Ontario tribunal rules Distributed Power Canada discriminated by refusing remote work for scent-sensitive employee
Key points
- On Oct. 21, the Human Rights Tribunal of Ontario ruled that refusing remote work constituted discrimination
- The tribunal said the company took several accommodation steps but did not meet a physician's remote-work requirement
- The tribunal said the company's position was closer to business inconvenience than undue hardship
In an Oct. 21 ruling, Human Rights Tribunal of Ontario vice-chair François Henrie found Distributed Power Canada discriminated by refusing remote work for a scent-sensitive employee. The tribunal said the company took several accommodation steps but failed once a physician said she was unfit to return unless she could work from home, calling its position closer to a business inconvenience than undue hardship. This is for reference only and does not constitute legal advice.
What employers should do
- Document accommodation measures tried and the reasons when handling disability or health-related accommodation requests
- When medical opinions set return-to-work conditions, assess undue hardship and communicate fully with the employee
Policy details
- Jurisdiction
- Ontario
- Status
- Court ruling
- Effective date
- —
- Employers covered
- Ontario employers (accommodation duties under the Human Rights Code)
- Official source
- Official source pending
Original report: Canadian HR Reporter ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.