What is the test for accommodation to the point of undue hardship for an employee who has been diagnosed with multiple sclerosis?
British Columbia, Canada
The following excerpt is from Sosa v. Westfair Foods (No. 2), 2012 BCHRT 109 (CanLII):
The question of accommodation to the point of undue hardship must be considered in context. As noted in Gardiner v. Ministry of Attorney General, 2003 BCHRT 41 (para. 164): …a respondent has a duty to inquire further where it has reason to believe that there is some question regarding a possible adverse effect of an employee’s medical condition or his ability to do the work prior to taking any action which would adversely impact on the employee.
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