It is often a challenge for employers to determine whether they have a duty to accommodate an employee’s “family status” under human rights legislation. Adjudicators across Canada have taken different approaches to assess whether the duty to accommodate family status has been triggered. The recent B.C. Human Rights Tribunal decision in Adair v. Forensic Psychiatric Services Commission (No. 2), 2017 BCHRT 147 (“Adair”), demonstrates that some Tribunal members continue to resist the most stringent test for complainants that is binding law in B.C.
Darcy Adair lost his commercial driver’s license as a result of an epileptic … Continue Reading