What Is Physical Disability? BC Human Rights Tribunal Confirms Legal Test Under Human Rights Code

A decision this month by the BC Human Rights Tribunal (the "Tribunal") considered the evidence required to prove a "physical disability" under the Human Rights Code (Li v. Aluma Systems Inc. et al, 2014 BCHRT 270).

Mr. Wan Ji Li based his complaint on the fact that his employment was terminated when his hands had become swollen and painful after a strenuous job at Aluma Systems. The medical evidence was that his swollen hands and pain would be resolved by use of muscle relaxants and anti-inflammatory medication followed by a period of rest or light duties at work.

The Tribunal considered the test for establishing a "physical disability". The tribunal affirmed its position that: