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ARTICLE · 07 JUNE 2026

Exacerbation As Discrimination: Accommodating Pre-existing Disabilities In The Workplace

In Tyler v. City of Powell River, 2025 BCHRT 316, the B.C. Human Rights Tribunal dismissed a complaint of employment discrimination on the ground of mental disability that had been brought...

CanadaEmployment and HR

In Tyler v. City of Powell River, 2025 BCHRT 316, the B.C. Human Rights Tribunal dismissed a complaint of employment discrimination on the ground of mental disability that had been brought by a former employee of the City of Powell River pursuant to section 13 of the Human Rights Code, R.S.B.C. 1996, c. 210 (the “Tribunal”, the “Complainant” and the “Code” respectively).

The complaint was dismissed on the basis that the City was able to reasonably accommodate the complainant without undue hardship.

The Complainant, who was a unionized labourer in the City’s Parks Department, had a pre-existing diagnosis of Schizoaffective Disorder. He worked with a colleague in the Parks Department who occasionally acted as his supervisor (the “Supervisor”). He alleged that the Supervisor had bullied and harassed him over an extended period.

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