How to Request a Workplace Accommodation in British Columbia

Employees in British Columbia have the right to request workplace accommodations when a job requirement conflicts with a protected human rights ground such as disability, religion, pregnancy, or family status. Under the BC Human Rights Code, employers must provide reasonable accommodation unless doing so would cause undue hardship. Accommodation is a legal requirement, not a favour, and it exists so employees can keep doing their jobs while the workplace stays inclusive and compliant. Knowing how to make the request, what the employer must do, and how BC law differs from other provinces can make the difference between a resolved situation and a denied one.

What is workplace accommodation?

Workplace accommodation refers to adjustments an employer makes to remove barriers that prevent an employee from performing their job. These adjustments help employees participate fully in the workplace while respecting protected rights under the BC Human Rights Code. Accommodation may be required across a range of protected grounds.

Common forms of accommodation include modified work schedules, remote or hybrid arrangements, adjusted job duties, physical workplace modifications, flexible hours, and temporary medical leave. The right accommodation depends on the employee's circumstances and the nature of the workplace. There is no minimum size of business for the duty to apply. Even a very small employer is subject to the Code.

The duty to accommodate under BC law

The BC Human Rights Code requires employers to accommodate employees to the point of undue hardship. Unlike some provinces, BC does not limit undue hardship to a fixed list of factors. The analysis is contextual and considers matters such as financial cost, the size and resources of the operation, and genuine health and safety risks. What counts as undue hardship in one workplace may not in another. Inconvenience, administrative disruption, added cost on its own, and the preferences of coworkers do not meet the threshold.

Where a workplace rule or standard has an adverse effect tied to a protected ground, BC employers are held to the framework the Supreme Court of Canada set out in the BC-origin decisions Meiorin and Grismer. To justify the standard, the employer must show it was adopted for a purpose rationally connected to the job, adopted in good faith, and reasonably necessary, meaning the employer could not accommodate the employee without undue hardship. Establishing discrimination in the first place is a lower bar: under Moore v. British Columbia (Education), an employee need only show they have a protected characteristic, they experienced an adverse impact, and the characteristic was a factor in that impact. It does not have to be the only or the main factor. Our BC human rights lawyers can assess where your situation fits within this framework.

How to request workplace accommodation in BC

Accommodation is a shared process. The employee must let the employer know accommodation is needed, and the employee must participate in finding a workable solution, a duty the Supreme Court confirmed in Central Okanagan School District No. 23 v. Renaud. A request can be verbal, but putting it in writing creates a record and is the stronger approach.

Examples of workplace accommodations by ground

What if your accommodation request is denied?

If an employer refuses or ignores a reasonable accommodation request, it may violate the BC Human Rights Code. A denial is not the end of the road. Options include negotiating a resolution directly with the employer, seeking legal advice on a potential discrimination claim, or filing a complaint with the BC Human Rights Tribunal. There is no fee to file, and a complaint is started using the Tribunal's Form 1.1.

Timing matters. Under section 22 of the Code, a complaint must generally be filed within one year of the last incident of discrimination. The Tribunal has limited discretion to accept a late complaint, but you should not rely on it. In some situations, workplace changes connected to an accommodation dispute can also raise concerns about constructive dismissal if the conditions of employment become intolerable as a result.

Frequently asked questions about workplace accommodation in BC

How Achkar Law helps employees in BC

Achkar Law advises employees across British Columbia on accommodation requests, the duty to accommodate, and workplace discrimination. We help you frame a request, respond when an employer resists or delays, understand how the BC tests apply to your situation, and, where needed, pursue a complaint with the BC Human Rights Tribunal. Learn more about our work as BC human rights lawyers, and read our related guides on the BC Human Rights Code and constructive dismissal in BC.