Employer Tried to Accommodate Worker with Broken Hip

A worker at a manufacturing plant broke his hip on the job. While he was out, his prior position was eliminated. The employer offered him another job that met his medical restrictions. But the worker rejected that position and the proposed gradual return-to-work plan, claiming that the employer failed to accommodate him to the point of undue hardship. The Human Rights Tribunal dismissed his claim. The employer tried to accommodate the worker with a position that met his physical restrictions but he didn’t fully participate in that process. And there was no evidence to support his claim that the employer assigned him to a demeaning position in the hopes that he’d quit [Chamberlain v. McAllister Industries, [2012] BCHRT 430 (CanLII), Dec. 14, 2012].