Fixating on reduced hours instead of rethinking duties lead to failure in duty to accommodate, discrimination in BC case
A British Columbia employer discriminated against an injured worker by failing to assess whether modified duties were an option in the worker’s return to work and must pay the worker nearly $50,000 in damages, the province’s Human Rights Tribunal has ruled.
The decision is a reminder that accommodation isn’t a one-note exercise in cutting hours, but rather a structured, ongoing process grounded in evidence about what an employee can do —not a waiting game until they can resume their old job, according to Brooke Finkelstein, an employment lawyer at West Coast Workplace Law in Richmond, B.C.
“It's a continuous legal obligation that requires flexibility, ongoing dialogue, and a proactive approach — some employers may treat accommodation as an inconvenience or as an exception to standard operations, but they’re increasing their legal exposure and risk eroding workplace trust and morale,” says Finkelstein.
The 53-year-old worker sustained a serious knee injury on Nov. 28, 2018, while working as a second cook in the kitchen at the Hilton Vancouver Metrotown hotel. He was diagnosed with conditions that ultimately caused him permanent limitations.
Following the injury, the worker took medical leave supported by Employment Insurance and short-term-disability benefits, which were exhausted by October 2019. His medical file indicated that recovery would be...
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