Understanding Duty to Accommodate in the Workplace: Rights, Obligations, and Real Solutions

Workplace injuries and disabilities can disrupt not only a worker’s life but also the structure of a workplace. One of the most important legal and practical tools for bridging that gap is the duty to accommodate. In British Columbia, employers, unions, and workers all have roles to play — but confusion is common, and missteps can lead to grievances, WorkSafeBC disputes, or even Human Rights complaints.

At Union and Corporate Disability Consulting Inc. (UCDC), we specialize in helping all parties understand their obligations under the duty to accommodate, particularly within the WorkSafeBC system. With over 17 years of experience, medical and legal expertise, and a track record of over $10 million in pensionable disability awards, we help employers, unions, First Nations bands, and injured workers navigate accommodation challenges with clarity and confidence.

In this blog, we’ll break down what the duty to accommodate means in practice, what the law says, and how real solutions can be implemented in any workplace.

What Is the Duty to Accommodate?

The duty to accommodate is a legal obligation under both:

• The BC Human Rights Code
• WorkSafeBC policy (RSCM II Item C6-33.00 and C6-34.00)

This duty requires employers to make reasonable adjustments to accommodate a worker’s disability, injury, or functional limitation unless it causes undue hardship. Accommodation can apply to physical injuries, psychological conditions, and chronic illnesses — including PTSD, depression, and anxiety.

Unions, as well, must participate in the process, particularly when seniority rights, shift changes, or job duties are involved.

Who Has Responsibilities?

Employers must:

• Explore all reasonable options to support the worker’s return
• Modify duties, schedules, or environments where possible
• Document efforts made and reasons for any denials

Workers must:

• Participate in the process in good faith
• Provide relevant medical information
• Accept reasonable accommodation offers

Unions must:

• Cooperate with accommodation plans
• Balance worker rights with collective agreement provisions
• Avoid obstructing modified work that aligns with medical needs

What Does Accommodation Look Like?

Accommodation isn’t just about light duties. It can include a wide variety of changes, such as:

• Adjusted schedules (reduced hours, gradual return-to-work)
• Modified tasks or workloads
• Ergonomic equipment or workstations
• Reassignment to alternate roles
• Allowing time for medical or psychological treatments
• Remote or hybrid work arrangements (if applicable)

The best accommodation plans are collaborative, flexible, and documented.

What Is “Undue Hardship”?

Employers are not expected to accommodate at all costs. The legal standard is “undue hardship,” which means a point where the cost, disruption, or safety risks of accommodating become unmanageable.

However, this is a high bar. Employers cannot deny accommodation just because it’s inconvenient, costly, or unpopular with coworkers. They must demonstrate real, measurable difficulty — and show they explored all viable options first.

UCDC helps employers prepare proper documentation, cost assessments, and safety reviews to ensure compliance and protect against claims.

Real World Example

One of our clients — a First Nations-owned construction company — had a worker diagnosed with depression and chronic pain after an on-site injury. The initial approach was to offer a basic light-duty cleaning role. The worker declined, citing worsening symptoms and a lack of support.

UCDC intervened, coordinated with the worker’s psychologist, and developed a hybrid work-from-home support position in the community office. The worker returned safely and began contributing meaningfully — preventing a long-term disability claim and preserving the worker’s dignity and community role.

Psychological Accommodation: What You Need to Know

More than ever, accommodation requests involve psychological injuries such as:

• PTSD
• Depression
• Anxiety
• Substance use disorders

These conditions require special sensitivity and tailored plans. For example:

• Reducing exposure to triggering environments
• Offering private or low-stimulation workspaces
• Allowing flexible breaks or therapy sessions
• Avoiding return to a location tied to a traumatic event

At UCDC, we have deep experience in trauma-informed accommodations, particularly in cases involving healthcare, education, first responders, and Indigenous workers.

Common Mistakes in Accommodation Cases

Even well-meaning organizations can make costly errors. Here are some of the most common:

• Failing to request or clarify medical restrictions
• Assuming light duties are always suitable
• Ignoring psychological or invisible injuries
• Delaying communication or planning
• Creating generic return-to-work plans
• Not documenting the accommodation process

Every step in an accommodation case should be deliberate, defensible, and documented — especially if litigation or a WorkSafeBC appeal occurs later.

How UCDC Helps

At Union and Corporate Disability Consulting Inc., we offer:

• Policy-guided accommodation planning
• Medical and legal case coordination
• Return-to-work design and oversight
• Documentation templates and compliance reviews
• Conflict resolution between workers, unions, and employers

Whether you’re dealing with a single complex case or trying to build a better organizational policy, we support your goals and help prevent escalation to appeals or tribunals.