School Board Tried to Accommodate Plumber with Offers of New Positions

A plumber employed by a school board injured his knee while exiting a work van onto uneven ground. He was able to return to work but permanent knee problems made him unable to continue working as a plumber. For example, he couldn’t engage in prolonged squatting and kneeling, and had difficulty climbing ladders and with excessive use of stairs. The board offered to retrain him for another position, such as custodian, educational assistant or clerk, but he rejected those options. He then claimed the board failed to accommodate his disabilities. The BC Human Rights Tribunal dismissed his complaint. The school board had made a reasonable offer to accommodate the plumber’s return to work. Faced with his physical limitations and permanent disabilities, its offer to train him for other positions was reasonable enough for him to at least try to see if he could perform them, possibly on a modified basis if necessary [Carr v. Board of Education of School District No. 41, [2016] BCHRT 158 (CanLII), Oct. 18, 2016].