What duty does an employer have with respect to accommodation for an employee with learning disabilities?
British Columbia, Canada
The following excerpt is from Van Eyk v. Parker’s Autobody & Paint, 2018 BCHRT 201 (CanLII):
However, it is the employer, not the employee, that has the primary duty with respect to accommodation. The employer is in the best position to determine how an employee can be accommodated without causing undue interference in the business’ operation: Renaud at pp. 994-995; McMillan v. Coast Mountain Bus Company, 2018 BCHRT 20 at paras. 126 and 129.
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