What is the duty of an employer to accommodate a plaintiff in their accommodation application?
British Columbia, Canada
The following excerpt is from Smith v. Vancouver Police Board (No. 6), 2012 BCHRT 100 (CanLII):
This duty to accommodate includes both a substantive and a procedural component. As stated in Day v. Canada Post Corporation, 2007 CHRT 43 at para 68: Fairness in the accommodation process is not, in my view, limited to a fair assessment of the complainant’s fitness for duty. Rather, the notion of fairness extends to all facets of the accommodation process. It requires that the inherent worth and dignity of the individual be respected throughout the process to the point of undue hardship.
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