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Not Discrimination to Fire Disabled Employee Who Isn’t Going to Improve

After keeping open the position of a glazier on disability leave with a potentially blinding eye condition and paying his medical bills for 4 years, a glass company decided to cut ties and terminate his employment. The glazier sued for disability discrimination but the Human Rights Tribunal dismissed his claim ruling that the company had reached the point of undue hardship. The glazier’s condition was permanent and not going to improve. And the duty to accommodate doesn’t require an employer to keep a position open indefinitely [Hargrove v. Phoenix Glass Inc., [2012] B.C.H.R.T.D. No. 133, April 19, 2012].

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Model Language for Attendance Management Programs