A worker's late medical information raised a tricky question about when accommodation is owed
A worker who asked to do her job from home and requested accommodation has been turned down by British Columbia's highest court which confirmed the employer’s refusal was not discrimination.
The Court of Appeal for British Columbia dismissed the worker's appeal on July 10, 2026, in reasons written by Justice Griffin.
The employee had spent years fighting a British Columbia Human Rights Tribunal (BCHRT) ruling that threw out her disability complaint against TELUS Employer Solutions before it reached a hearing.
The worker had been employed on a series of temporary fixed-term contracts as a client service advisor since November 2016, working out of an office building in Saanichton, B.C. In mid-January 2018, she began experiencing symptoms she believed were triggered by something in the building, among them fatigue, poor sleep, low mood and brain fog. She started asking to work from home.
Her supervisor told her that employees had no automatic right to work from home and asked for a doctor's note. A note from her physician, dated Jan. 23, 2018, said only that "a trial of work from home is recommended" for health reasons. The employer considered it vague and asked the doctor to complete a formal assessment form.
The completed form described "unexplained, vague, general symptoms" but recorded "no diagnosis" and "no obvious functional...
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