Are Employers Required to Accommodate Candidates Before They’re Hired?
In Ontario employers have a duty to accommodate an employee’s disability to the point of undue hardship. However, what about before an employee is hired? Are employers required to accommodate candidates during the interview process?
Under Ontario’s employment standards legislation, including Ontario’s Accessibility for Ontarians with Disabilities Act (the “AODA”), employers are required to accommodate candidates during the hiring process. This includes proactive obligations such as notifying job applicants that they can request accommodations during the following stages of the hiring process: recruitment, selection and notification of successful applications. Such notification may appear on a company’s website or directly in the job posting.
What Happened in the Grandinetti Case?
The Human Rights Tribunal of Ontario discussed these obligations in a recent decision. In Grandinetti v. Ontario Lottery and Gaming Corporation, 2025 HRTO 683 the applicant brought a claim alleging discrimination with respect to employment on the basis of a disability.
In this case, the applicant applied for a position at the Ontario Lottery and Gaming Corporation. After going through the interview process, she received a conditional offer. In particular, the offer was conditional on her completion of mandatory pre-employment requirements such as a security screening and reference checks (the “Pre-employment Requirements”). Following which, the applicant inquired about accommodation in regard to a disability. After several months and the employee’s failure to complete the Pre-employment Requirements, her offer was rescinded by the employer.
Was the Job Offer Rescinded Due to Discrimination?
The applicant alleged that the offer was rescinded based on her disability, contrary to the Ontario Human Rights Code. The employer disagreed, stating that it was instead because the applicant failed to complete the Pre-employment Requirements. While the employer had, in fact, engaged in an accommodation process through a third-party disability manager, the applicant failed to engage in the process by responding in a timely manner and providing necessary information. The employer had communicated that the position needed to be filled urgently and therefore was forced to withdraw the offer after the conditions of the offer were not met after two months.
While the Tribunal dismissed the application for lack of jurisdiction, the Tribunal underscored the principle that, for an application of this nature to succeed, there must be a factual basis linking the respondent’s adverse action to the applicant’s disability or protected ground under the Code.
In this case, the employer initiated the accommodation process with the third-party provider and any delay was a result of the applicant’s failure to comply with the Pre-employment Requirements. Specifically, the applicant failed to respond to requests for information needed to assess and implement the accommodation and engage fully in the process for reference checks.
Notably this case highlights that while employers are required to accommodate candidates during the interview process and during other aspects of the hiring process, unfairness or a negative outcome does not necessarily equate to discrimination under the Code. There must be a clear link between any alleged negative treatment following an accommodation request and a disability.
How Can an Employment Lawyer Help?
When it comes to knowing your rights prior to and during employment, speaking with an experienced employment lawyer can help you understand your rights and legal options. Whitten & Lublin can help. Contact us online or by phone at (647) 951-0342.
Author – Sophie Teversham