What is the test for reasonable accommodation in a civil case?

Alberta, Canada


The following excerpt is from Banks v Alberta Children’s Services, 2021 AHRC 126 (CanLII):

The respondent met with the complainant and her union representative several times. In the fall of 2017, another position was offered that they believed met the complainant’s preferences. This position was refused by the complainant because it was still within the same Ministry. Although this was not the preference of the complainant, a reasonable accommodation does not have to be a preferred accommodation. Accommodation must be reasonable given the specific circumstances. As set out in Callan v. Suncor Inc.:[3] There is no duty of instant or perfect accommodation, only reasonable accommodation. The reasonableness of the employer’s accommodation must be evaluated considering the knowledge of the employer, together with the cost, complexity and expense of any physical accommodation required and other similar factors. The test is not subjective and the employee is not entitled to dictate the accommodation he or she will accept.

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