As travel to the U.S. becomes more uncertain for many Canadians, employers may face situations where employees refuse to travel across the border for work. The central question is: can employers require such travel, and under what circumstances?
Due to changes under the Trump-era U.S. border policies, including increased scrutiny at crossings, possible entry restrictions for travelers with the gender marker “X” on their passport, and more frequent searches of electronic devices, many Canadians are apprehensive about cross-border travel. This has particular implications for transgender and non-binary individuals using the “X” gender marker, who may face greater risk of being denied entry or undergoing invasive checks.
Because of these realities, many Canadian employees are now hesitant to accept U.S. travel assignments, leading employers to carefully evaluate their travel policies. Statistics Canada data show a sharp drop in travel: car travel to the U.S. fell roughly 30% and air travel dropped about 24% year over year.
Legally, employers may require U.S. travel if the nature of the job reasonably implies such travel, or if the employment contract or job description explicitly mandates it. However, that right is not absolute. Some employees may legitimately refuse U.S. travel under certain conditions.
For instance:
- Occupational health and safety legislation in Canadian provinces may entitle an employee to refuse work if they reasonably believe the travel would endanger their health or safety. That belief must be based on objective facts at the time of refusal and pass a certain threshold — general discomfort is usually not sufficient.
- Human-rights legislation prohibits discrimination on protected grounds such as sex, sexual orientation, and gender identity. If a requirement to travel exposes an employee to discriminatory risks — for example, because of concerns tied to gender identity — then employers may have a duty to accommodate or modify the requirement.
If an employee does refuse to travel, best practices suggest employers should treat the refusal seriously: review the reasons, assess whether the alleged risk is objective, and consider alternative options. Employers should record the refusal, document the rationale and the decision-making process, and communicate clearly with the employee.
Employers may also want to proactively adjust their practices: define travel obligations clearly in contracts or job descriptions; adopt formal policies to handle travel refusals; train managers and HR staff; and keep those policies up to date given evolving border conditions.
Sources: Benefits Canada