Duty to Accommodate HIV Positive Employees

All employers, whether under provincial or federal employment law jurisdiction, are required to accommodate HIV positive employees, short of undue hardship. It is very difficult for an employer to establish undue hardship, based upon the costs associated with accommodation. An employer's ability to recover all or part of its costs of accommodation through tax deductions, government benefits or other areas of potential relief, are all taken into consideration by the human rights commission in assessing the costs of accommodation to the employer.

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