In British Columbia, the duty to accommodate is a legal obligation that requires employers to make reasonable workplace changes for employees protected under the BC Human Rights Code. This duty most often applies when an employee has a disability, medical condition, mental health issue, pregnancy-related limitation, or family-status obligation.
If an employer refuses to accommodate you, that refusal may violate British Columbia human rights law — even if the employer claims accommodation is not possible or would disrupt the workplace.
What Is the Duty to Accommodate Under BC Law?
Under the BC Human Rights Code, employers must take reasonable steps to remove workplace barriers that negatively affect employees based on protected grounds.
The duty to accommodate applies when:
- A workplace rule, schedule, or requirement affects you because of a protected ground, and
- Accommodation is possible without causing undue hardship
Employers must meaningfully assess accommodation options. A simple “no” or delay is not enough.
Employer Duty to Accommodate in British Columbia
An employer’s duty to accommodate in BC includes an obligation to:
- Consider reasonable accommodation options
- Request only appropriate medical or functional information
- Participate in the accommodation process in good faith
- Avoid blanket policies or automatic refusals
Employers are not permitted to require employees to be fully fit before returning to work if accommodation is possible.
Duty to Accommodate and Disability in British Columbia
Disability is the most common reason accommodation issues arise in BC workplaces.
Under the BC Human Rights Code, a disability can include:
- Physical injuries or functional limitations
- Chronic illnesses or pain conditions
- Mental health conditions
- Temporary, episodic, or fluctuating disabilities
- Invisible or non-obvious impairments
What Does Workplace Accommodation Look Like in BC?
Accommodation depends on the employee’s limitations and the nature of the job. Common examples include:
- Modified or lighter duties
- Reduced, flexible, or adjusted work hours
- Temporary or permanent remote work
- Medical leave or extended time off
- Gradual or phased return-to-work plans
- Adjustments to equipment, tools, or workstations
Accommodation must be assessed on an individual basis. Rigid policies or assumptions are not enough.
What Is Undue Hardship in British Columbia?
Undue hardship in BC is the legal limit on an employer’s duty to accommodate employees under human rights law.
Employers must accommodate employees up to the point of undue hardship.
It is a high legal standard. It may be established only where accommodation would cause:
- Significant financial cost
- Serious health or safety risks
Can an Employer Refuse to Accommodate in British Columbia?
An employer may refuse accommodation only if they can demonstrate that:
- Reasonable accommodation options were properly explored, and
- Providing accommodation would result in undue hardship
Medical Information and the Duty to Accommodate
Employers in British Columbia may request limited medical information through a doctor’s note to support an accommodation request, such as:
- Functional limitations
- Expected duration of limitations
- Ability to work with restrictions
Employers are not entitled to unnecessary medical details or a diagnosis unless clearly required.
Duty to Accommodate and Constructive Dismissal in BC
Failure to accommodate can also create employment law consequences.
If an employer:
- Refuses reasonable accommodation
- Forces an employee back to work without accommodation
- Makes working conditions unsafe or unmanageable
What to Do If Your Employer Refuses to Accommodate
If your employer refuses to accommodate you in British Columbia, you may have options under:
- The BC Human Rights Code
- Employment law, including constructive dismissal
- Disability and income-replacement claims
Speak With a British Columbia Employment or Disability Lawyer
Accommodation disputes often involve both human rights law and employment law. Getting advice early from an employment lawyer in BC or a disability lawyer can help you protect your job, your income, and your legal rights.
If your employer has refused to accommodate your disability or medical condition, Samfiru Tumarkin LLP can help you determine whether the refusal is lawful and what steps you can take next.