Undue hardship in BC is the point where an employer is no longer required to provide further workplace accommodation because doing so would create excessive difficulty, cost or risk in the circumstances.
The threshold is high. Employers are expected to accept some inconvenience, expense and workplace disruption when accommodating needs protected by the BC Human Rights Code.
If your employer says accommodation has become “too difficult,” that does not automatically mean undue hardship has been reached. The employer must show that it seriously explored reasonable options and has evidence explaining why further accommodation is no longer practical.
On This Page:
- 1. What Undue Hardship Means
- 2. What Employers Must Prove
- 3. What Factors Can Count?
- 4. What Is Not Undue Hardship?
- 5. Examples
- 6. Refused Accommodation & Employee Rights
What Does Undue Hardship Mean in BC?
Undue hardship is the legal limit on an employer’s duty to accommodate an employee.
BC employers must make reasonable workplace changes when a rule or requirement negatively affects an employee because of a characteristic protected by the Human Rights Code.
Accommodation can include:
- Modified duties
- Different or reduced hours
- A gradual return to work
- Medical leave
- Changes to equipment or workstations
- Schedule changes
- Remote work where appropriate
The employer must keep looking for a reasonable solution until further accommodation would cause undue hardship.
For the full accommodation process, see our Duty to Accommodate BC guide.
Is undue hardship easy for an employer to prove?
No. An employer can’t simply say that accommodation is difficult, expensive or disruptive.
It must support its position with evidence showing what accommodation was considered, what problems it would create and why reasonable alternatives would not solve those problems.
What Must an Employer Prove?
The employer has to prove that it took reasonable and practical steps to accommodate the employee and that further accommodation would cause undue hardship.
That normally means showing:
- What accommodation options were considered
- What steps the employer actually tried
- Why other reasonable options would not work
- What real effect further accommodation would have on the workplace
- Why the problem can’t reasonably be reduced or avoided
It is not enough for an employer to point to some hardship and stop the process.
Does the employer need evidence?
Yes. An undue-hardship claim must be based on evidence rather than assumptions or speculation.
For example, if the employer says an accommodation is too expensive, it should know what the accommodation actually costs and be able to explain why that cost is excessive given the employer’s financial circumstances.
Does the employee have responsibilities too?
Yes. Employees must reasonably participate in the accommodation process.
That includes providing necessary information, considering reasonable options and not rejecting an effective accommodation without a valid reason.
An employer can have a stronger defence if the accommodation process failed because the employee refused to participate reasonably.
What Factors Can Amount to Undue Hardship in BC?
BC does not use one closed statutory checklist for undue hardship. The answer depends on the real circumstances of the employer, employee and workplace.
Relevant factors can include:
- Financial cost — whether the employer can reasonably afford the accommodation
- Health and safety — whether accommodation creates a serious risk that can’t reasonably be reduced
- Size and resources — larger organizations can often absorb changes that would be much harder for a small employer
- Workforce flexibility — whether duties, employees or facilities can reasonably be reorganized
- Availability of alternatives — whether another accommodation could solve the problem
- Real effects on other employees — including serious workplace impacts supported by evidence
Can cost be undue hardship?
Yes, but simply spending money on accommodation is not undue hardship.
The employer has to show both the actual cost and why that cost is excessive in light of its financial situation.
A cost that could seriously affect a small employer can be manageable for a large corporation.
Can health and safety be undue hardship?
Yes. A serious health or safety risk can support undue hardship when it can’t reasonably be reduced through another accommodation.
The risk must be real and supported by evidence. An employer should not assume that a worker is unsafe simply because they have a disability or medical condition.
Can coworker morale matter?
It can be relevant in BC, but ordinary resentment or complaints are not enough by themselves.
An employer needs evidence of a meaningful workplace impact. Coworkers saying that an accommodation feels “unfair” does not automatically justify discrimination.
What Is Not Undue Hardship in BC?
Ordinary inconvenience, preference and unsupported concerns do not establish undue hardship.
An employer can’t simply rely on statements such as:
- “We don’t modify jobs here”
- “Everyone has to follow the same schedule”
- “Your accommodation is inconvenient”
- “Other employees won’t like it”
- “It will probably cost too much”
- “We need you back at 100%”
Blanket policies do not replace an individual accommodation assessment.
Is a long medical absence automatically undue hardship?
No. There is no automatic number of weeks or months after which a disability-related absence becomes undue hardship.
The employer must look at the actual circumstances, including the employee’s prognosis, restrictions, expected return and the accommodation options available.
Is reduced productivity automatically undue hardship?
No. Some loss of efficiency can be part of reasonable accommodation.
The question is whether the actual effect becomes serious enough, in the employer’s circumstances, that further accommodation is no longer reasonable.
What Are Examples of Undue Hardship in BC?
True undue hardship can exist where no reasonable accommodation remains without excessive cost, serious safety risk or another substantial workplace burden.
Example: serious safety risk
An employee in a safety-sensitive job develops medical restrictions that prevent them from safely performing an essential task.
The employer considers modified duties, equipment changes, schedule changes and other available work. If no reasonable option removes the serious safety risk, further accommodation can reach undue hardship.
Example: unaffordable accommodation
A very small employer investigates an accommodation that would require a major ongoing expense that it genuinely can’t absorb.
If less expensive alternatives are also considered and none work, the financial burden can support undue hardship.
Example: no workable job accommodation remains
An employee can no longer perform essential parts of their job because of a disability. The employer has tried modified duties, adjusted hours and other available positions, but none allow the employee to perform useful work within their medical restrictions.
Depending on the evidence, the employer can eventually reach undue hardship.
Example: what is probably not undue hardship
An employee asks to start an hour later because of a protected accommodation need. The employer refuses because management prefers everyone to arrive at the same time, even though the employee’s work can be performed on the adjusted schedule.
A preference for a uniform schedule, without evidence of a serious workplace problem, is not enough.
For more scenarios, see our Undue Hardship Examples guide.
What If Your Employer Claims Undue Hardship?
Ask what accommodation options were considered and do not assume your employer’s statement ends your legal rights.
Keep copies of:
- Your accommodation requests
- Medical restrictions or supporting information
- Accommodation proposals
- Your employer’s written responses
- Any discipline, return-to-work demands or termination documents
Can an employer fire you after reaching undue hardship?
Termination can become legally possible if the employer has genuinely met its accommodation obligations and no reasonable accommodation remains.
But the employer can’t simply label the situation “undue hardship” and use that phrase to avoid the accommodation process.
If your employment is terminated without cause, the human-rights issue and your severance rights both need to be considered.
Can a failure to accommodate be constructive dismissal?
Yes. A serious failure to accommodate can contribute to constructive dismissal in BC.
This can arise when an employer forces you to work against legitimate medical restrictions, imposes a serious unwanted job change instead of accommodating you or makes continued employment unreasonable.
What compensation can you receive if the employer gets it wrong?
An improper refusal to accommodate can lead to human-rights remedies, lost-income compensation and severance if your employment ends.
If you are fired, do not assume BC employment standards minimums are your full entitlement.
Many non-unionized employees can receive substantially more severance pay in BC. Depending on factors such as age, position, length of service and the availability of similar work, full severance can reach as much as 24 months’ pay.
How can Samfiru Tumarkin LLP help?
Samfiru Tumarkin LLP helps non-unionized BC employees challenge improper undue-hardship claims, enforce their accommodation rights and secure the full severance pay and other compensation they are owed when an employer violates their rights.
Undue Hardship BC FAQs
What is undue hardship in BC?
Undue hardship is the point where an employer is no longer required to provide further accommodation because doing so would create excessive difficulty, cost or risk in the circumstances.
Who has to prove undue hardship?
The employer must prove that it took reasonable and practical accommodation steps and that further accommodation would cause undue hardship.
Is inconvenience undue hardship?
No. Some inconvenience, cost and disruption are expected as part of workplace accommodation.
Is high cost automatically undue hardship?
No. The employer must show what the accommodation costs and why that amount is excessive given its financial circumstances.
Can safety risks be undue hardship?
Yes, where there is a serious, evidence-based health or safety risk that can’t reasonably be reduced through accommodation.
Can my employer say coworkers are unhappy with my accommodation?
Coworker morale can be relevant in BC, but ordinary resentment or complaints are not enough on their own. The employer needs evidence of a meaningful workplace impact.
Can I be fired because my disability is too difficult to accommodate?
Only after the employer has properly met its accommodation obligations and can establish that no reasonable accommodation remains without undue hardship. A disability itself is not a lawful reason to fire you.
What should I do if my employer claims undue hardship?
Keep your accommodation records and ask what alternatives were explored. Don’t resign or sign a termination package before your accommodation and full compensation rights have been reviewed.
The key point is simple: undue hardship is the end of a proper accommodation process, not a shortcut around one.
The BC employment lawyers at Samfiru Tumarkin LLP can review your situation, explain your rights, and get the compensation you deserve.