Accommodating a disability means removing barriers and making adjustments to standards, requirements, practices, policies, and rules that have a negative impact on individuals with a disability. While the process can seem challenging, accommodation is your legal right and your employer’s corresponding legal duty. It is in the best interest of both you and your employer to develop a workable accommodation plan. We encourage you to work together with your employer to create an accommodation plan.

The goal of this information sheet is to provide you with a basic understanding of the accommodation process and to encourage collaboration between you and your employer to develop positive solutions. 

It is important to note that this information sheet is not designed to provide legal advice and cannot be used as any definitive statement on the law. Workplace accommodation can be a complex issue. You should obtain legal advice regarding your specific circumstances.

The Duty to Accommodate
Employers

A policy or practice is discriminatory if an employee experiences an adverse impact because of their disability. Parkinson’s is considered a disability at law. Even if a policy or practice applies equally to every employee, if it has a negative effect on you because of your disability, that policy or practice may be discriminatory. Employers have a duty to modify such policies for you if you are unable to comply with certain policies or perform certain tasks.

Once you have informed your employer that you require an accommodation, it is your employer’s responsibility to develop reasonable accommodations that will meet your needs. In practice, you should be involved in the process of creating a reasonable accommodation based on your medical needs.

Your Duties

1. You have a duty to inform your employer if you require an accommodation.

2. Having informed your employer, you must work with your employer to develop a solution and disclose the information required to assist in developing an appropriate accommodation. This may involve providing medical information to your employer (e.g. doctor’s note, letter from treating professional, etc.).

3. While it is your employer’s responsibility to provide reasonable accommodation, you must also recognize that the resulting accommodation may not be a perfect solution. For example, you and your doctor might discuss that it is better for your productivity to work four days a week and you propose to your employer that you work Monday to Thursday, giving you three days in a row off to recharge. The employer’s business needs require you to work on Fridays and they provide an accommodation where you get Wednesday off instead. Unless your doctor objects for a medical reason, this type of accommodation will likely be adequate even though it is not perfect.

Developing an Accommodation

Once you have informed your employer regarding your disability and need for accommodation, your employer is required to:

• determine what workplace barriers might affect you and your disability;
• explore options for removing those barriers; and,
• accommodate you to the point of undue hardship.

Throughout the accommodation process, it is important that both you and your employer communicate openly. The accommodation process works best when you and your employer work together to find solutions that work for both parties.

Some examples of accommodations for people with Parkinson’s are:

• modification of physical and/or ergonomic conditions in the workplace;
• modified terms and conditions of employment, including job duties or hours of work;
• temporary assignment to different duties; and
• leaves of absence.

Upon knowledge of your disability and need for accommodation, your employer must:

• maintain your dignity, autonomy, privacy and integration into the workplace;
• minimize your discomfort or inconvenience; and,
• address your needs in a timely manner.

You must be mindful of unexpected changes to future income and/or benefits resulting from any accommodation process. For example, individuals who propose working less than full time should understand the impact on their eligibility for and the amount they may receive from disability insurance. Consider seeking legal advice prior to agreeing to an accommodation.

Limits on the Duty to Accommodate

There are certain limits on an employer’s duty to accommodate. If a standard is discriminatory, but is a bona fide occupational requirement (“BFOR”) adopted by the employer, then the employer is not required to accommodate.

In order to qualify as a BFOR, a standard must be rationally connected to the performance of the specific job.

• If the standard is not connected to the performance of the job, the employer is expected to alter the standard;
• Next, it must be determined whether the employer adopted the standard in an honest and good faith belief that it was necessary to the fulfillment of a legitimate work-related purpose and not simply in order to hinder individuals who require an accommodation;
• For example, if the employer has simply adopted a standard because they would prefer not to have a person with Parkinson’s working with them, then the policy will not be considered a BFOR and therefore the employer will be required to accommodate.

Finally, the employer must establish that the standard is reasonably necessary to the accomplishment of a legitimate work-related purpose. In making such a determination, consideration is given to:

• whether alternatives to the standard or rule were considered;
• whether all employees must meet a single standard or whether different standards could be adopted;
• whether the standard treats some more harshly than others;
• whether the standard was designed to minimize such differential treatment;
• the steps taken to find accommodations; and,
• if there is evidence of undue hardship where accommodations were provided.

If an accommodation creates an undue hardship for the employer, then the employer is not required to accommodate you further. However, the employer must go to great lengths to accommodate you before they can claim that they have experienced undue hardship. It is not enough for your employer to make a subjective assumption that an accommodation costs too much.

Factors to consider in whether an accommodation would present an undue hardship include the:

• health and safety of you and your work colleagues;
• cost of the accommodation;
• type of work performed;
• size of the workforce;
• interchangeability of job duties;
• employer’s financial ability to accommodate;
• impact on a collective agreement; and,
• impact on employee morale.

Not all factors will be relevant to each assessment and each factor will be of differing importance depending on each individual situation. In the vast majority of cases, simple accommodations (like simple modifications to hours of work or job duties) will not amount to undue hardship and will need to be accommodated by the employer.

Conclusion

While the accommodation process may seem challenging to both you and your employer, it is important to keep in mind that in addition to being a legal requirement, the process will also permit employers to retain valuable members of their team despite their Parkinson’s.

Many employers have become accustomed to including accommodations as part of normal business operations. In some cases, however, the employer struggles with how to accommodate or actually discriminates against a disabled employee. If this happens to you, you should seek legal advice as you may have a human rights or other claim arising under the law. The process of accommodation is not always clear and it can become necessary to seek legal advice in order to understand legal rights and options. 

Parkinson Society British Columbia has partnered with the law firm of Blake, Cassels & Graydon LLP in order to provide its members access to free legal advice in appropriate cases when dealing with issues such as workplace accommodation. 

If you are a member of PSBC and would like more information on legal advice, please contact info@parkinson.bc.ca  

Prepared by Blake, Cassels & Graydon LLP. Last updated: October 8, 2025