What is the Duty to Accommodate?

In BC, the Duty to Accommodate requires employers to eliminate barriers that negatively affect employees based on protected grounds (like disability or family status). You must accommodate to the point of Undue Hardship—where the solution becomes too costly, unsafe, or operationally impossible. Crucially, employers also have a Duty to Inquire if they suspect an employee is struggling, even if no formal request is made.

Things to know about the Duty to Accommodate in 2026

The Duty to Accommodate is perhaps the most misunderstood obligation for employers in British Columbia. In 2026, the BC Human Rights Tribunal increasingly focuses on whether an employer followed a "procedural" duty (the process of looking for a solution) as much as the "substantive" duty (the solution itself). This means that if there's a human rights complaint, your duty to accommodate as an employer doesn't just start at the solution. You need to prove that you took a proactive approach to inquire, to discuss and to implement. The process of how that inquiry, discussion and implementation is part of your responsibility under the Duty to Accommodate.