Two Recent BCHRT Disability-Related Decisions Signal Costly Risks for Employers — and Simple Preventive Measures

Recent decisions from the BC Human Rights Tribunal (BCHRT) offer clear reminders that when employers mishandle disability-related needs, the consequences can include legal liability, prolonged absences, preventable turnover, reputational harm, and operational disruption.

For organizations focused on efficiency, cost control, and workforce stability, these cases reinforce a simple message:

Accommodation failures are expensive — and preventable with the right processes.

Case 1: Termination During a Mental Health Crisis

In Varghese v Dueck Richmond Chevrolet Buick Cadillac GMC Ltd (No. 2), 2025 BCHRT 219, the employer handed a termination letter to a probationary employee while he was handcuffed to a stretcher during an involuntary mental health apprehension by police.

The decision was unsurprisingly found discriminatory — and while the complainant received only declaratory relief due to not seeking reinstatement or damages, organizations should not assume similar outcomes in future cases.

📌 Estimated potential exposure if general & special damages had been pursued: $70,000

📌 Estimated legal fees to defend a BCHRT complaint: $30,000

📌 Potential recruitment & onboarding costs to replace the employee: $18,000

📌 Total: $118,000

While many employers will view the misstep in this case as obvious, our workplaces often involve less obvious cases on a day-to-day basis where a trauma- and violence-informed approach could result in very different outcomes. A key operational takeaway for CFOs and CHROs:

Timing and tone matter. A trauma- and violence-informed approach needs to become second nature. Otherwise, decisions made in crisis moments can escalate risk dramatically.

Case 2: A Doctor’s Note Doesn’t End the Duty to Accommodate

In Gbedze v Hilton Vancouver Metrotown (No. 2), 2025 BCHRT 225, the employer relied on medical information stating the employee couldn’t return to their previous role and recommending long-term disability (LTD). The employer interpreted this as the end of the accommodation process.

The Tribunal disagreed.

The failure was not the medical reliance itself — it was the lack of follow-up to determine whether modified duties or an alternative role might allow a return to work.

📌 General damages: $32,000

📌 Special damages $16,617.91

📌 Estimated legal fees to defend a BCHRT complaint: $30,000

📌 Estimated recruitment & onboarding costs to temporarily replace the employee: $18,000

📌 Total: $96,617.91

This case underscores a recurring message in accommodation law:

Employers who succeed in accommodation cases can typically demonstrate reasonable, ongoing, good-faith efforts to gather information - without crossing into repetitive or excessive medical requests.

Why This Matters for Managing Disability in the Workplace

For CFOs and CHROs, disability accommodation is not just a legal obligation — it is:

• A cost control strategy

• A retention mechanism

• A risk mitigation tool

• A compliance requirement

• A culture and brand safeguard

A preventable breakdown in process can easily cost $100,000 per employee, while implementing a simplified, repeatable accommodation framework costs a fraction of that.

Bottom Line

These decisions aren’t just legal stories — they are operational warnings:

If your organization does not have a clear, repeatable, trauma- and violence-informed process, you are leaving financial, legal, and reputational risk on the table.

Now is the time to review:

• Disability and return-to-work policies

• Supervisor training

• Documentation practices

• Decision-making escalation pathways

A small investment in proactive structure can prevent large, avoidable consequences later.

Ready to Learn More?

If you're interested in free training for trauma- and violence-informed administration, consider this excellent and free offering out of UBC and Western University, in colaboration with EQUIP Healthcare.

🔗 Varghese

🔗Gbedze

If you're looking for support in training your team on a trauma- and violence-informed approach to disability accommodation or need help improving your accommodations policy, please reach out. I'd love to work with you.