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HUMAN RIGHTS · NOVA SCOTIA

Undue Hardship and Human Rights Accommodation in Nova Scotia

Learn what undue hardship means when assessing an accommodation request in Nova Scotia.

Undue hardship is the point at which the law may no longer require a particular accommodation. It is an evidence-based limit on the duty to accommodate, not a convenient reason to avoid considering accommodation.

Sources checked September 29, 2026.

An individualized assessment

The Commission's guidance emphasizes the circumstances of the particular organization and person. A generalized assumption that an accommodation is difficult or expensive is not the same as demonstrating undue hardship.

Factors that can matter

Relevant considerations can include financial cost, health and safety, workforce and facility interchangeability, disruption of a collective agreement, disruption of public services, employee morale and the size of the operation.

Bona fide requirements

The Commission connects accommodation analysis with the Canadian human-rights case-law framework commonly called the Meiorin test. A standard must be rationally connected to its function, adopted in good faith and reasonably necessary in the sense that accommodation without undue hardship is not possible.

Documenting the process

Organizations and individuals should preserve the requests, information exchanged, options considered and reasons decisions were made. Whether the legal threshold is met depends on evidence, not simply the label 'undue hardship'.

Official sources

Legal information, not legal advice. This page provides general information about Nova Scotia human-rights law. Whether the Human Rights Act applies depends on the facts, jurisdiction and current law.