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ARTICLE · 05 MARCH 2015

Meeting The Duty To Accommodate – A Success Story

McCarthy Tétrault
McCarthy Tétrault
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McCarthy Tétrault

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The duty to accommodate is a difficult process because it is uncertain.

CanadaEmployment and HR

University of British Columbia reasonably accommodated researcher with severe mouse allergy

The duty to accommodate is a difficult process because it is uncertain. Whether an employer has met its duty to accommodate under human rights law requires an individualized assessment on a case-by-case basis. In addition, the standard of "undue hardship" is a high and moving target, and will depend on the employer's size, nature of operations, resources and other relevant factors. A recent decision, however, may have moved the target closer to "reasonableness" than "the point of undue hardship".

In Wilcox v. University of British Columbia, the British Columbia Human Rights Tribunal dismissed a human rights complaint from a former research assistant who had developed a severe mouse allergy and was unable to perform the duties of her position. Dr. Wilcox was employed as a research assistant at the University's Rederivation Facility and Animal Care Services. A core part of

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