Large Court Award: The Cost of Failing to Accommodate Disability
12Sep

Large Monetary Award: The Cost of Failing to Accommodate Disability

When an employee discloses a medical condition that affects their ability to perform their job, employers in British Columbia have a clear duty to accommodate under the BC Human Rights Code. Failing to meet this obligation can result in significant liability, both financial and reputational.

A recent BC Human Rights Tribunal decision serves as a strong reminder that ignoring or delaying the accommodation process can lead to large awards, even in short employment relationships.

This article outlines what happened in the case Flynn v. DF Architecture Inc., 2025 BCHRT 81, explains an employer’s duty to accommodate in BC, and offers practical guidance to help businesses reduce risk.

Case Overview: Flynn v. DF Architecture Inc., 2025 BCHRT 81

  • Worker hired as a project lead, with a chronic autoimmune condition and immunosuppressive medication.
  • Disclosed his health condition before starting and requested remote work as a safety measure.
  • Employer acknowledged receipt but failed to meaningfully consider or implement accommodation.
  • Insisted on in-office attendance despite pandemic-related risks.
  • Worker resigned after observing inadequate health protocols and a lack of response.

Tribunal’s decision:

  • Found a breach of the duty to accommodate under the BC Human Rights Code.
  • Awarded:
    • $183,802.59 in lost wages
    • $25,000 for injury to dignity, feelings, and self-respect
Christopher Achkar - Employment Lawyer

As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:

“Failing to properly address accommodation requests can expose employers to significant financial and reputational risks. Speaking with a lawyer before making decisions ensures compliance and protects your business from costly human rights claims.” 

The Duty to Accommodate in BC

Under the BC Human Rights Code, employers must accommodate employees with disabilities to the point of undue hardship. This duty is triggered when an employer knows, or ought reasonably to know, of the need for accommodation.

Key obligations include:

  • Taking disability-related disclosures seriously
  • Requesting only necessary medical information
  • Exploring reasonable accommodation options (remote work, modified duties, adjusted schedules, etc.)
  • Engaging in an interactive process with the employee
  • Avoiding rigid “policy first” responses that disregard individual circumstances

Practical Tips for BC Employers

  1.  Engage Promptly
    Start a meaningful dialogue as soon as an employee raises a health-related concern.
  2. Document Everything
    Keep records of accommodation requests, discussions, and medical documentation.
  3.  Consider Flexible Options
    Remote work or modified duties may be reasonable accommodations depending on the role.
  4.  Avoid “Take It or Leave It” Approaches
    Refusing to consider accommodation alternatives without justification risks liability.
  5. Train Managers and Supervisors
    Those on the front lines need to recognize when an accommodation request is being made and escalate appropriately.

Why This Case Matters

The Flynn decision reinforces that failing to act on an accommodation request can have major financial consequences, well beyond immediate employment costs. Even in brief employment relationships, the Tribunal may award substantial damages for lost wages and emotional harm.

For BC employers, the message is clear: accommodation is not optional, and delay or dismissal of requests can result in significant exposure.

Supportive, Compliant Workplace Policies Start Here

Clear workplace policies aren’t just best practice, they’re essential for legal compliance in British Columbia. Employers have a duty under the Employment Standards Act and the BC Human Rights Code to accommodate employees to the point of undue hardship, especially around protected grounds such as disability, family status, and religion.

Well-crafted policies help prevent disputes, ensure consistent decision-making, and protect your business from costly complaints.

Achkar Law can help your organization:

  • Audit existing workplace policies for compliance gaps
  • Draft or update policies that reflect current legal obligations
  • Build accommodation processes that meet Human Rights Code requirements
  • Recommend practical, tailored improvements that reduce legal risk

Contact Achkar Law to review your policies and create a clear, legally sound framework for your workplace.

Speak with an Employment Lawyer BC

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©