Just Talk To Each Other! How A Simple Conversation Can Reduce Liability

Family status accommodation requests are some of the most difficult faced by employers. Where is the line between an employee's personal preference and a legal right to expect accommodation? Recently, the British Columbia Human Rights Tribunal drew that line and in doing so, provided some eminently practical advice. Three different tests are applied in various jurisdictions (B.C., Ontario and at the Federal level) and so the legal analysis in this B.C. decision is not universally applicable. However, the facts illustrate the reason for the Court's practical advice.

Mr. Suen lived and worked in Burnaby, B.C. and travel was part of his normal work assignments. He was the parent of a four-month-old baby when his employer, Envirocon assigned him to work on a project in Manitoba. When Mr. Suen refused to go, his employer took the position that his employment was terminated for cause. Mr. Suen claimed that Envirocon had failed to accommodate his family status.