Employers, landlords and businesses are required to reasonably accommodate the special needs of individuals where these needs stem from the group factors specified in The Manitoba Human Rights Code e.g. disability, religion, sex. (Please see our Fact Sheet on Prohibited Discrimination.) Ignoring these needs can result in lost opportunities for employment, housing and services. and is simply not good business. Failure to reasonably accommodate special needs is a form of discrimination prohibited by The Code unless the accommodation would create an undue hardship for the business.

Examples of Accommodation

-Because the building is not wheelchair accessible, an employer or landlord is reluctant to consider a person who uses a wheelchair. Reasonable accommodation may involve construction of a ramp and widening a doorway.

-A business relying on telephone orders by the public innocently denies access to the service by deaf and speech impaired people. Reasonable accommodation may require the purchase of a teletype device for the deaf to enable this population to have equal access to the service.

-An employer hesitates to hire people who are unable to work Saturdays because of their religious conviction. Reasonable accommodation may only call for a more flexible work schedule.

-A company is reluctant to hire a woman into a male work environment because of a lack of washroom facilities. Reasonable accommodation may require providing such facilities or, where not possible, to provide an appropriate unisex facility with sufficient privacy.

-A company refuses to hire a person unable to obtain a driver's licence, due to epilepsy or low vision, for a position requiring occasional travel. Reasonable accommodation may call for re-assignment of work to minimize travel demands or use of alternative means of public transportation.

-A company hesitates to hire people whose religion requires them to wear certain headwear which is in conflict with the dress or uniform code. Reasonable accommodation could require an exemption.

Once a commitment has been made to seriously consider ways to accommodate or to adjust a workplace, a procedure, policy or service, the first person to consult is the person or group requiring the extra consideration.

Exemptions To Accommodation

The onus is on the employer, landlord or service provider to show that reasonable efforts at accommodation have been made. Accommodation which creates an undue hardship for the business, because of costs or other factors, would be unreasonable, and therefore not required.

Human rights legislation has paramount status in Manitoba. This means that where there is a conflict with other provincial legislation, The Human Rights Code prevails.
This information is a simplified description of provisions under The Human Rights Code. For more information consult The Code or contact The Manitoba Human Rights Commission.