What are the relevant factors in determining whether an employee’s disability is an undue hardship?
British Columbia, Canada
The following excerpt is from Beveland v. Lookout Emergency Aid Society, 2018 BCHRT 117 (CanLII):
Relevant factors when considering whether an accommodation would be an undue hardship include “the financial cost of the possible method of accommodation, the relative interchangeability of the workforce and facilities, and the prospect of substantial interference with the rights of other employees”: Meiorin, at para. 63. Safety is also a relevant consideration in the undue hardship analysis and includes “both the magnitude of the risk and the identity of those who bear it”: Central Alberta Dairy Pool v. Alberta (Human Rights Commission), 1990 CanLII 76 (SCC), [1990] 2 S.C.R. 489, at p. 521.
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