What is the test for determining undue hardship in a human rights case?
British Columbia, Canada
The following excerpt is from Innes v. Re-Con Building Products, 2006 BCHRT 99 (CanLII):
Meiorin also relies on these principles, and as in Renaud, refers to the factors set out in Central Alberta Dairy Pool v. Alberta (Human Rights Commission) (1990), 1990 CanLII 76 (SCC), 72 D.L.R. (4th) 417, as those that could be relevant to an appraisal of what amount of hardship is undue: …financial cost, disruption of a collective agreement, problems of morale of other employees, interchangeability of work force and facilities. The size of the employer’s operation may influence the assessment of whether a given financial cost is undue or the ease with which the work force and facilities can be adapted to the circumstances. Where safety is at issue both the magnitude of the risk and the identity of those who bear it are relevant considerations.
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