WORKPLACE DISCRIMINATION - Defences - Bona fide occupational requirement - Undue hardship - Duty of reasonable accommodation

Law360 Canada ( September 14, 2026, 9:47 AM EDT) -- Appeal by appellant from order dismissing her petition for judicial review of decision of the British Columbia Human Rights Tribunal (Tribunal) dismissing her human rights complaint against Telus Employer Solutions (TES). The appellant worked for TES under a series of temporary fixed-term contracts. She began experiencing health symptoms which she believed were aggravated by something in her workplace and requested permission to work from home. TES requested medical information. The medical information then available described unexplained, vague, and general symptoms. TES denied her request to work from home and her contract ended on May 31, 2018. The appellant subsequently obtained medical evidence supporting diagnoses of Chronic Fatigue Syndrome and Myalgic Encephalomyelitis and filed a human rights complaint alleging discrimination based on physical and mental disability. On judicial review, the Court directed the Tribunal to reconsider certain issues, including whether there was a claim arising from TES’s failure to renew the fixed-term contract, the significance of later medical evidence, and TES’s duty to give the appellant reasonable time to investigate her disability before deciding not to renew the contract. On reconsideration, the Tribunal concluded that the allegation concerning failure to renew the contract was not part of the original complaint, declined to allow an amendment, reconsidered TES’s bona fide occupational requirement defence, and again dismissed the complaint. The appellant argued that the Tribunal failed to follow the Court’s directions on reconsideration and failed to properly assess TES’s duty to accommodate where medical evidence was lacking because she was still seeking a diagnosis....
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