Mental Health Accommodation in the Workplace Ontario: Compliance Guide - HR Insights

The conversation around mental health accommodation in the workplace Ontario is growing, and the Ontario Human Rights Commission (OHRC) is urging employers to listen. A recent policy statement highlights the critical need for businesses to review and update accommodation policies for employees with mental health disabilities. This isn’t just about compliance—it’s about fostering a supportive, productive work environment.

For Ontario employers, this is a crucial reminder. The legal duty to accommodate is a cornerstone of the Ontario Human Rights Code and fully extends to mental health challenges. A failure to properly manage mental health accommodation in the workplace Ontario can lead to significant legal and financial consequences—see our primer on why HR compliance is non-negotiable for context.

Understanding the Employer’s Duty to Accommodate

The duty to accommodate obligates employers to adjust rules, policies, or practices to enable all employees to participate fully. This covers family status, religion, and disability—including mental health. The standard is accommodation up to undue hardship, considering costs, outside funding, and health/safety.

Because many mental health conditions are “invisible,” employers can feel unsure about when and how to act. The OHRC is clear: be proactive—create a workplace where employees feel safe to disclose needs and have a clear, documented process for accommodation requests. To strengthen your overall compliance posture, also review adjacent requirements like Pay Transparency Reporting in Ontario.

A key component is the procedural duty to accommodate—actively engaging in the process, gathering relevant information, exploring options, and maintaining communication. Ignoring or dismissing a request without due consideration fails this duty.

What Does Proactive Mental Health Accommodation Look Like?

Being proactive means building supports before a formal request arrives and making your workplace accommodation policy a living document. According to OHRC guidance, effective approaches include:

Individualization: Tailor the process to the employee’s specific needs.
Respect for Dignity: Protect privacy and confidentiality.
Integration & Full Participation: Keep the employee meaningfully integrated at work.

Examples can be simple and low-cost: modified hours, quiet space, structured check-ins, or temporary duty adjustments. Pair this with growth-oriented support—Ontario employers can leverage recent worker reskilling investment initiatives to upskill managers on mental-health-aware leadership and communication.

“A failure to give any thought or consideration to the issue of accommodation, including what, if any, steps could be taken constitutes a failure to satisfy the ‘procedural’ duty to accommodate.” — Ontario Human Rights Commission

The Role of Medical Information

You can request enough medical information to understand functional limitations related to job duties—but not a diagnosis or full medical file. Focus on what the employee can and cannot do (e.g., needs a reduced schedule, lower-stress tasks, or temporary reassignment) so you can adjust responsibly.

What Ontario Employers Should Do Next

Review & Update Your Accommodation Policy
Ensure your policy explicitly covers mental health and spells out steps, roles, and timelines. Keep an eye on broader compliance updates such as Ontario’s minimum wage changes to maintain a current handbook.
Train Managers & Supervisors
Equip leaders to recognize potential accommodation needs and respond appropriately. Tie training to evolving obligations like pay transparency so managers see the full compliance picture.
Promote a Culture of Openness
Reduce stigma and encourage conversations. Consider awareness initiatives—our guide on Truth & Reconciliation at work shows how values-based programs can strengthen inclusion and psychological safety.

Need hands-on help? Explore our employer services for recruitment & staffing or broader HR support for Ontario employers, or contact us to book a free HR audit.