What is the employer’s duty to accommodate an employee who suffers from multiple sclerosis?
British Columbia, Canada
The following excerpt is from Loewen v. BC Emergency Health Services and others, 2015 BCHRT 190 (CanLII):
Accommodation involves a cooperative endeavour between an employee and employer. All participants in the accommodation process are required to act reasonably and cooperatively in searching for and effecting reasonable accommodation. See: Central Okanagan School District No. 23 v. Renaud 1992 CanLII 81 (SCC), [1992] 2 S.C.R. 970, paras. 44-45 (“Renaud”). Ultimately, it is the employer who is responsible to ensure that all reasonable steps to accommodate are taken. See: Dumas v. Simba Technologies, 2015 BCHRT 65, para. 78. However, if an employer has initiated a reasonable proposal that would, if implemented, fulfill the duty to accommodate, then the complainant, in turn, has a duty to facilitate implementation. An employee cannot expect a perfect solution. Nor is an employee entitled to be a strictly passive participant in the process. If a proposal, opportunity or accommodation that would be reasonable in all the circumstances is turned down by the employee, the employer’s duty has been discharged. See: Renaut.
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