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ARTICLE · 26 JUNE 2024

Accommodations Or Undue Hardship? Navigating Employee Requests vs. Employer Limits

McMillan LLP
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Canadian human rights legislation plays a crucial role in fostering workplace equality.

CanadaEmployment and HR
Kristen Shaw
Kristen Shaw
Claire Wanhella
Claire Wanhella
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Canadian human rights legislation plays a crucial role in fostering workplace equality. However, in some circumstances, employers are permitted to place introduce policies and restrictions related to a bona fide occupational requirement ("BFOR") – even if they may be considered discriminatory. This balances individual needs with necessary and reasonable restrictions for certain job-related requirements.

In McNeil v. Telus Employer Solutions (TES) (No. 2), 2024 BCHRT 166 ("McNeil") the British Columbia Human Rights Tribunal (the "Tribunal") provides guidance for employers faced with unreasonable requests to accommodate employees that would force the employers to experience undue hardship.

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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