The Business Case for Remote Work - The Office Hurts Marginalized Workers the Most

In-Person Roles Should Require a BFOR (Bona Fide Occupational Requirement)

Let’s be real. Remote work isn’t a tech trend, a pandemic blip, or some fringe HR experiment. It’s one of the most powerful tools we have for equity, retention, and progress in the Canadian workplace. And yet, we’re still hearing, “We really value in-person collaboration,”

If you're going to mandate in-office work in 2025, we need to talk. Because unless you're running a dental office, warehouse, or stage crew for Cirque du Soleil, that requirement should come with a BFOR — a Bona Fide Occupational Requirement. In other words: prove that butts in chairs equals business value.

Here’s the thing: in-person work is not automatically neutral or better. In fact, it’s often exclusive. And if your goal is inclusive hiring in Canada, remote flexibility isn’t just nice to have — it’s non-negotiable.

What is a BFOR, anyway?

Under Canadian Human Rights Law, you can only require something that might disadvantage someone (like full-time in-person attendance) if it’s essential to the job. That’s what the Bona Fide Occupational Requirement is for.

To qualify as a BFOR, an in-person requirement must:

• Be connected to the actual duties of the job

• Be adopted in good faith (not just vibes)

• Be reasonably necessary, not just traditional or convenient

So if you’re hiring a lifeguard? Fair. Physical presence is part of the gig. But if you’re hiring an accountant, software engineer, copywriter, or HR generalist, the case for mandatory in-person work gets flimsier.

And "our CEO likes to see people" is not a BFOR. That’s a preference. And it’s holding your company back.

For reference, the Supreme Court of Canada has emphasized that BFORs must be based on demonstrable necessity—not comfort or familiarity.

Remote work helps you hire better (and keep people longer)

This isn’t about letting people work in pyjamas (though we’re all for that). It’s about unlocking access, performance, and retention. Here’s why.

1. Disabled workers actually get to work

The Canadian Survey on Disability found that over 6.2 million Canadians aged 15+ have a disability. Many are fully capable of thriving at work — if the environment doesn’t put up barriers.

Remote work removes:

• Physical access issues (think: transit, stairs, shared washrooms)

• Social pressure to disclose or mask disabilities

• Energy drain from commuting or managing sensory overload

That’s not just better for inclusion. It’s better for productivity, loyalty, and widening your talent pool. Stop making people fight to show up.

The Rick Hansen Foundation also highlights how remote work improves accessibility, empowering people with mobility, vision, or chronic health issues to thrive professionally.

2. Caregivers can stop choosing between work and life

Working moms? Sandwich generation folks juggling parents and kids? They're not unicorns. They’re everywhere — and remote work lets them stay in the game.

A 2023 Catalyst study shows women and caregivers are more likely to choose (and stay with) remote-friendly employers. Not because they lack ambition. Because they’re done being punished for having responsibilities outside the office.

Remote work:

• Reduces absenteeism from caregiving gaps

• Helps parents stay present (without the 90-minute daycare dash)

• Makes work possible for people whose day doesn’t start and end at 9 and 5

3. Racialized employees avoid office culture landmines

Let’s be honest. The office isn’t always a safe or supportive space for Black, Indigenous, or racialized professionals. Whether it’s microaggressions, code-switching, or being the only person of colour on a team, in-person environments can be exhausting.  This is why the most qualified candidate often doesn’t land the job.

Remote work creates space for focus without all the social navigation. It lowers the daily energy cost of simply existing at work. That’s not avoidance — that’s survival. Remote-first cultures also reduce proximity bias, when managed well. 

And according to The Future Skills Centre, underrepresented workers feel more engaged and successful in flexible work environments that respect lived experience.

4. Newcomers don’t have to start from scratch

Imagine being a newcomer to Canada, qualified and ready to work.  You’ve already overcome several barriers to landing a job - but now you need to navigate:

• Transit in a new city

• An unfamiliar corporate culture

• Accent bias

• Dress codes and unspoken norms

Remote work allows newcomers to focus on the job, not the politics of the lunchroom. It’s also more accessible to folks in smaller towns or rural areas, especially if they don’t have a car or live near transit.

Organizations like Windmill Microlending note that flexible work opens more doors for skilled immigrants rebuilding careers in Canada.

5. Rural and Northern professionals can actually participate

The talent is out there. But if your job requires someone to move to downtown Toronto or Vancouver, you’re cutting out people in Thunder Bay, Yellowknife, Cape Breton, and every other place that doesn’t have a WeWork.

Remote work decentralizes opportunity. It helps keep skills in communities that need jobs. And it makes your company look like Canada — not just Bay Street.

The Federation of Canadian Municipalities highlights that remote options are key to revitalizing rural economies and ensuring long-term talent retention outside metro hubs.

What you lose when you default to in-person

It’s easy to imagine what you gain from in-office work (collaboration, bonding, fancy espresso machines). But what are you losing?

• Neurodivergent folks who thrive without sensory overwhelm

• Single parents with no backup childcare

• Professionals without cars or expensive wardrobes

• People managing chronic illness or mental health

• Talented introverts who don’t want to chat over cake every Thursday

If you say you care about DEI in the workplace, these people matter. And if your workplace only works for a narrow group, it’s not working.

Let’s talk about in-office work and retention

Burnout. Ghost-quitting. Job-hopping. We’re in a retention crisis. 

But the fix isn’t mystery pizza, your archaic mentoring program, or office ‘culture’. 

Remote work boosts retention because it respects people’s lives. It gives them:

• Autonomy

• Time back (no commute!)

• Trust

• Energy to live, not just survive

A PwC Canada 2024 Workforce Study found that over 70% of workers want some form of remote or hybrid work. Those offered flexibility are more loyal, engaged, and less likely to bail.

The Conference Board of Canada also confirms that flexible work is among the top drivers of retention in a tight labour market.

Remote work is not a perk. It’s a proven retention strategy.

So… why are we still defaulting to the office?

Usually, it comes down to:

• Habit

• Manager comfort

• Control

• Outdated ideas of collaboration

These aren’t strategic reasons. They’re vibes. And vibes don’t build inclusive, future-ready workplaces. If the work can be done remotely, and you’re still demanding in-person? 

It better pass the BFOR test.

How to apply a BFOR lens

Ask yourself:

• Can this role be done anywhere with Wi-Fi?

• Are we measuring time in seats, or outcomes delivered?

• Is physical presence tied to safety, tools, or legal requirements?

• Is this about work… or about control?

If there’s no legitimate reason for on-site work, it shouldn’t be mandatory. Full stop.

Why Some Canadian Managers Push for Return-to-Office: It’s Not Strategy — It’s Insecurity

Let’s be honest: many return-to-office policies aren’t rooted in business strategy. They’re driven by managerial insecurity — a discomfort with losing visibility, control, and traditional authority.

1. Fear of Losing Control

Managers used to gauge productivity by who showed up early, stayed late, and looked busy. Remote work shattered that illusion.

Over 76% of Canadian companies have implemented partial or full return to office mandates, often citing culture and employee growth.

But what’s behind that? A need to “see” work happening — even if results are strong remotely.

2. Managerial Discomfort with Remote Leadership

Managing remote teams requires clear communication, outcome-based performance tracking, and trust. Many managers haven’t been trained in these skills.

For example, the Canadian Association of Professional Employees notes that federal managers lacked preparation for hybrid management, contributing to the widespread push to get workers physically back in the office — not because it’s better, but because it’s easier for them.

“Some of these RTO (Return to Office) decisions reflect a lack of confidence and capability in managing distributed teams — not job requirements.” — CAPE President Nathan Prier

3. Insecurity About Value and Relevance

In a remote-first world, managers are forced to demonstrate value in new ways — less about overseeing tasks, more about enabling results.

83% of Canadian CEOs expect a full return to the office within three years, with 90% saying they’ll reward those who comply. That’s not good strategy — it’s favoritism wrapped in nostalgia.

This suggests many leaders are clinging to what they know, not innovating for what’s next. They’re insecure about how their roles evolve in a flexible work environment.

Why Don’t Employers Have to Prove That In-Office Work Is Necessary?

Unless an employee is requesting a human rights accommodation (like for disability or caregiving), employers don’t need to justify their decision to mandate in-person work.

In Canada, the default assumption is that employers have the managerial right to set workplace rules — including where work is done. They only have to prove a requirement is necessary if it's being challenged as discriminatory.

Forward-Thinking Employers Should Embrace Remote Work Now

While Canadian employers currently have the legal authority to mandate in-person work, this stance is increasingly being challenged by employees, unions, and policymakers. Proactively adopting flexible work arrangements can position your organization as a leader in the evolving workplace landscape.

1. Human Rights Considerations

Rigid in-office mandates can lead to human rights complaints, particularly from employees with caregiving responsibilities or disabilities. Canadian human rights law protects individuals from discrimination based on family status and disability. Employers are obligated to accommodate such needs unless it causes undue hardship.

For example, an employee with young children requests to work remotely to manage childcare responsibilities. Denying this request without exploring reasonable accommodations could be deemed discriminatory under human rights legislation.

2. Union Negotiations and Collective Agreements

Unions are increasingly advocating for remote work provisions in collective agreements. For instance, the Public Service Alliance of Canada has negotiated terms ensuring that remote work requests are assessed individually, preventing blanket in-office mandates

For example, an employee's request to continue remote work is evaluated based on their specific role and circumstances, as stipulated in the collective agreement.

3. Legislative Trends

Internationally, there's a movement towards legislating the right to request remote work. In the Netherlands, employees who have been with a company for at least six months can request to work remotely, and employers must consider such requests seriously he employer is legally required to assess this request and provide a valid reason if denying it.

The diversity of your executive leadership predicts your likelihood of accepting remote work

If you're wondering whether your organization is likely to keep pushing for in-person work, take a look at your leadership team.

According to organizations like McKinsey & Company and Harvard, companies with diverse, equity-focused leadership are far more likely to understand the benefits of remote flexibility — and actually act on them.

These teams tend to consider inclusion, access, and retention in their decision-making.

On the flip side, less diverse leadership often clings to old-school norms, preferring in-person work not because it's necessary, but because it's familiar. That doesn’t mean it’s better — just harder to let go of.

What real inclusive hiring looks like

Inclusive hiring means removing barriers - and location is a big one.

To do better:

• Make remote/hybrid your default for eligible roles

• Justify in-person requirements with clear, role-based reasons

• Include location flexibility in your inclusive job ads

• Support remote workers with tech, stipends, and equal visibility

Let inclusion guide your policy — not nostalgia.

That warm, familiar feeling you associate with the office? It’s likely tied to your privilege.

If rigid schedules and a lack of flexibility worked well for you, chances are the system was already working in your favour.

About HireDiverse 

We’re Canada’s diversity and inclusion-focused job board.  We reach diverse candidates across Canada through intentional outreach and inclusive messaging. Post jobs to highlight your organization’s commitment to diversity, equity, and inclusion.