In British Columbia, employers have a legal duty to accommodate employees who are protected under human rights law, including those with disabilities, medical conditions, and family obligations. That duty continues up to the point of undue hardship.
Undue hardship has a high legal threshold in BC. Employers often rely on the term to justify refusing accommodation, even when the legal test has not been met.
This page explains what undue hardship means in British Columbia, how it applies in the workplace, and when an employer can — and can’t — rely on it.
What Is Undue Hardship in British Columbia?
Undue hardship in British Columbia refers to situations where accommodating an employee would cause an employer serious difficulty or risk, such that further accommodation is no longer legally required.
Under BC employment and human rights law:
- Accommodation is a legal obligation, not a discretionary choice
- Employers must accommodate employees to the point of undue hardship — not inconvenience
- The employer bears the burden of proof
Undue Hardship Under the BC Human Rights Code
Undue hardship in British Columbia is governed by the BC Human Rights Code and interpreted through decisions of the BC Human Rights Tribunaland the courts.
Employers must take reasonable and meaningful steps to accommodate employees protected under the Code. Relying on general policies, assumptions, or unsupported concerns is not enough.
Before claiming undue hardship, an employer must show that:
- Accommodation options were genuinely explored
- Alternatives were considered
- The refusal is based on evidence, not speculation
How Undue Hardship Is Assessed in British Columbia
BC does not rely on a rigid checklist to assess undue hardship. Instead, tribunals look at whether accommodation would result in:
- Serious health or safety risks
- Significant financial cost, relative to the employer’s size and resources
- Substantial operational impact
Duty to Accommodate and Undue Hardsip in BC
The duty to accommodate requires BC employers to actively participate in the accommodation process.
This includes:
- Communicating with the employee
- Request appropriate medical or functional information
- Considering modified duties, hours, or work arrangements
- Reassess accommodation as circumstances change
An employer can’t rely on undue hardship without first demonstrating that reasonable accommodation efforts were made.
What Is Not Undue Hardship in BC?
BC human rights decisions consistently confirm that the following are generally not considered undue hardship:
- Coworker complaints or morale concerns
- Scheduling inconvenience
- Customer preference
- Minor productivity impacts
- Speculative or unsupported cost concerns
Employers are expected to adadpt the workplace where possible, rather than refuse accommodation outright.
Examples in British Columbia
True undue hardship is uncommon. It may arise only in limited circumstances involving:
- Serious, unavoidable health or safety risks
- Costs that would threaten the viability of the business
- A lack of reasonable alternatives after good-faith efforts
Get Advice Before You Accept an Undue Hardship Refusal
If your employer says they can’t accommodate you due to “undue hardship,” that does not automatically make the refusal lawful. There is a high legal threshold, and employers often rely on it incorrectly.
Before accepting a refusal, make sure you:
- Understand when an employer can — and can’t — claim undue hardship
- Know whether reasonable accommodation options were proprely considered
- Get clear advice on whether the refusal may violate BC human rights law
Contact Samfiru Tumarkin LLP to have an employment lawyer in BC review your situation and determine whether your employer has met their legal obligations.