As we recognize National AccessAbility Week (NAAW) from May 25th to May 31st, 2025, it’s an opportune moment for Ontario employers—and particularly General Counsel—to reflect on their obligations and opportunities when it comes to workplace accessibility and inclusion. We consulted Caravel Lawyer Jason Lakhan to review workplace obligations in Ontario. 

NAAW is more than a celebration. It’s a call to action. It recognizes the contributions of people with disabilities and encourages ongoing efforts to remove barriers across Canadian society. For employers, this means not only compliance with legal obligations but taking proactive steps to build a truly inclusive and equitable workplace. 

Legal Obligations in Ontario: AccessAbility in the Workplace 

Under Ontario law, employers have clear responsibilities to ensure that workplaces are accessible to people with disabilities. These obligations are primarily set out in: 

• The Accessibility for Ontarians with Disabilities Act, 2005 (AODA)
 

• The Ontario Human Rights Code (OHRC)
 

• Relevant provisions of the Employment Standards Act, 2000 (ESA)
 

AODA: Accessibility Compliance and the IASR 

The Integrated Accessibility Standards Regulation (IASR) under the AODA lays out employment-specific standards that apply to most Ontario employers. Here’s what employers need to ensure: 

• Accessible Hiring Practices: Job postings must notify applicants that accommodations are available during the recruitment process.

• Individualized Accommodation Plans: Employers must develop and document accommodation plans for employees with disabilities.

• Return to Work Processes: A documented return to work process is required for employees absent due to disability.

• Workplace Emergency Response Information: Employers must provide personalized emergency plans for employees who may need assistance during an emergency.

• Accessible Performance Management, Career Development, and Redeployment: These processes must be designed to consider accessibility and individual accommodation needs.
 

Businesses and non-profit organizations with 20+ employees must also file AODA compliance reports and ensure that training on accessibility standards and the Human Rights Code is provided to all staff. 

The OHRC: Duty to Accommodate 

In tandem with AODA, the Ontario Human Rights Code imposes a duty to accommodate employees with disabilities to the point of undue hardship. While this duty is familiar to most in-house counsel, it’s worth emphasizing that: 

• Accommodations must be individualized, based on the specific circumstances of the employee.

• The process must be collaborative and involve dialogue with the employee.

• The bar for “undue hardship” is high, and cost or inconvenience alone does not meet the threshold.
 

Beyond Compliance: Building a Culture of Accessibility 

Legal compliance is a baseline—not the goal. Employers that go beyond the minimum legal requirements often see improved employee engagement, broader talent pools, and a stronger reputation. Here are some ways GCs can support accessibility as part of corporate strategy: 

• Policy Audits: Review workplace policies and procedures with an accessibility lens.

• Accessibility Training: Ensure that training is not just a checkbox, but meaningful and role-specific.
• Technology and Infrastructure: Collaborate with IT and facilities teams to ensure digital platforms and physical spaces are barrier-free.

• Inclusive Leadership: Embed accessibility goals into DEI strategies, and ensure leaders are held accountable.
 

The Role of General Counsel 

As stewards of compliance and governance, GCs are uniquely positioned to champion accessibility within their organizations. This includes: 

• Ensuring that employment policies align with evolving legal standards.

• Overseeing compliance with AODA and OHRC requirements.

• Supporting HR teams in responding to accommodation requests.

• Advising on risk mitigation related to accessibility complaints or claims.
 

During National AccessAbility Week 2025, we’re reminded that accessibility is not just about meeting legal standards—it’s about fostering a workplace where everyone can contribute, thrive, and belong. At Caravel Law, we work with General Counsel and in-house legal teams to ensure that accessibility is embedded into the legal and operational fabric of your organization. 

If you’re reviewing your company’s accessibility practices or responding to an accommodation request, our employment law team is here to help. Contact us today. 

Let’s make inclusion more than a policy—let’s make it a practice.