Disability accommodation must be reasonable, not perfect

Worker claimed employer discriminated against him when it didn’t accommodate him in old job, but would have involved changing core duties
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 04/17/2019

A British Columbia worker whose restrictions following an injury were accommodated in a new position has lost a human rights complaint he made because his employer didn’t put him in his old job that wasn’t suitable for his limitations.

Brendan Boylan was hired in 2005 by the City of Burnaby, B.C. His position was on a casual basis with no guaranteed minimum number of hours or a particular role.

In early 2014, Boylan was working as a program leader at a community centre and recreation complex — which was a popular and noisy location — and occasionally served as a museum interpreter as well. The program leader position involved working in a gym with up to 200 people participating in different activities, making it a fast-paced and physically demanding job. Unfortunately, in January 2014 he suffered a head injury and developed post-concussion syndrome, which made him unable to work for some time.