TORONTO, ONT – A recent HRTO decision is sending a message to employers to take real steps to accommodate job candidates with disabilities. In the case of Burggraaf v. Convergys CMG Canada ULC, 2025 HRTO 2599, the Human Rights Legal Support Centre (HRLSC) successfully represented Erik Burggraaf, a blind sales associate who passed the initial interview and screening process— only to be rejected weeks later because of his disability.

Burggraaf had applied for a call centre position with Convergys in 2017. In the HRTO hearing, Convergys acknowledged that it had internally investigated accommodating Burggraaf’s request for a screen reader but was unable to find one compatible with their third-party client’s customized systems, tools, and software.

The HRTO noted that Convergys had not reached out to any relevant experts such as the Canadian National Institute for the Blind. The company also did not contact Burggraaf to discuss his accommodations, even though it was clear from his resume that he had experience training and testing accessibility programs for numerous organizations in Canada.

The respondents also did not provide any documentation that they consulted with their single client AT&T in any significant way to see if its proprietary software could be adapted. The HRTO concluded that Convergys had failed to show it had experienced undue hardship in trying to accommodate Burggraaf. Company emails also showed that Convergys had had trouble supporting visually impaired workers several years before but had not made any adjustments.

“I was used to being rejected,” says Burggraaf. “People with disabilities are excruciatingly vulnerable to discrimination. But getting this decision was a relief, and I want to encourage people in situations similar to mine to speak up and take action. Don’t be afraid to stand up for yourself.”

The HRTO ordered the respondents to:

  • Pay $20,000 in compensation for injury to dignity, feelings, and self-respect;
  • Pay $8,472 in lost wages; and
  • Develop new human rights and accommodation policies specifically addressing the hiring of blind applicants, with a focus on the interview process.

“We are very pleased with this decision,” says Jo-Ann Seamon, Legal Manager at the Human Rights Legal Support Centre. “It confirms that the duty to accommodate means that employers must engage in a thorough exploration of all reasonable options, including getting the affected employee’s input.”

Contact: media@hrlsc.on.ca

ABOUT THE HRLSC: The HRLSC is an independent, board-governed agency funded by the Government of Ontario’s Ministry of the Attorney General. The HRLSC advances equality and protects human rights by providing a range of accessible, high quality legal advice and support services to individuals who have faced discrimination or harassment contrary to Ontario’s Human Rights Code. The HRLSC was established in 2008 as one of three pillars of Ontario’s human rights system. The other two pillars are the Human Rights Tribunal of Ontario and the Ontario Human Rights Commission.