The duty to accommodate is met when the employer has accommodated the employee up to the point of “undue hardship”. The employer bears the burden of demonstrating that it has fulfilled this obligation.

The duty to accommodate has both procedural and substantive components.

The procedural component requires the employer to gather all relevant information about the employee’s needs, where that information is reasonably available. This may include details about the employee’s medical condition, prognosis, ability to perform job duties, and capacity for alternative work.

When assessing whether the employer has met this obligation, the analysis is based on the information available at the time of the alleged discrimination. An employer cannot rely on information obtained after the fact to justify a failure to accommodate.

The substantive component concerns whether the accommodation provided was reasonable, or whether the employer was justified in not providing accommodation.