What factors will be considered in determining whether to discriminate against an employee who has been diagnosed with multiple sclerosis?
British Columbia, Canada
The following excerpt is from Kerr v. Boehringer Ingelheim (Canada) (No. 4), 2009 BCHRT 196 (CanLII):
As noted in Grismer, risk may be considered in determining whether it would cause undue hardship, in any particular case, but it alone cannot justify discrimination. (para. 30) Further, when there are issues of whether an employee can safely perform the duties of their position, an employer may seek medical clarification, including assessments, speaking to this issue: Comeau v. Cote, 2003 BCHRT 32, paras. 112-155.
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