Tag: disabled employees

Ex-EEOC employee met requirements to pursue disability claim against agency

by Nancy Williams Just as private-sector workers are required to file an administrative charge of discrimination before filing a lawsuit under Title VII of the Civil Rights Act of 1964, federal employees also have prefiling requirements. In a disability discrimination case against the Equal Employment Opportunity Commission (EEOC), the 9th Circuit recently decided that the […]

Employing People with Disabilities: What Does New Proposed Rule Mean?

By Tammy Binford Government statistics show that unemployment among people with disabilities is far higher than unemployment for people without disabilities. Year-end figures for 2011 are not yet available, but the Bureau of Labor Statistics (BLS) has figures revealing that the 2010 unemployment rate for people with disabilities was 14.8 percent. That’s more than one […]

More Protections for Disabled Employees Coming

By Alix Herber and Michelle Johnston The Ontario government is leading the Canadian provinces in its push for accessibility for people with disabilities, a ratio that is estimated to rise to one in five people in Canada by 2025. In accordance with a new regulation under the Accessibility for Ontarians with Disabilities Act (AODA), Ontario […]

Declaration to ‘Make Employee Whole’ Very Costly for Employers

By Karen Sargeant You give your employee almost 32 weeks’ pay after terminating his employment without cause. He gets another job two weeks later. You’re off the hook, right? Maybe not. The Ontario Superior Court of Justice in Brito v. Canac Kitchens, a Division of Kohler Canada Co. has recently said no. Instead, you may […]

Employer’s Obligation to Make Inquiries in the Duty to Accommodate Confirmed

By Mark Colavecchia The duty to accommodate is one of the most difficult issues Canadian employers regularly face. While courts across the country have attempted to define the scope of an employer’s legal obligations with a workable degree of certainty, the practical application of the duty to accommodate remains complex and problematic. The issue is […]

Gender Change May Be a Physical Disability

By Jonathan C. Sterling As we have reported in the past, transsexual employees may be protected from discrimination, at least in some cases, by federal and state law. The decisions granting that protection have treated such discrimination as a violation of gender or sex discrimination law. However, courts have been reluctant to recognize that transsexual […]

Disability Etiquette: A Primer

The Disability Access Office in San Antonio, Texas, has published The Disability Etiquette Handbook. The handbook, which is on the web, covers a variety of issues. We thought we’d give you a sample. Reception Etiquette Greeting someone with a disability often makes a person without a disability awkward and uncomfortable. That doesn’t make you a […]

ODEP: Diversity Includes Workers With Disabilities

In 1945, Congress declared the first week in October “National Employ the Physically Handicapped Week.” In 1962, the word “physically” was removed in acknowledgment of individuals with all types of disabilities. In 1988, Congress expanded the week to a month and changed the name to “National Disability Employment Awareness Month” (NDEAM). This year, the Office […]

Disabled Americans in the Workplace

Here are some facts from the U.S. Census Bureau about disabled Americans and how they are represented in the workplace: In America, there are 54 million people with disabilities. That represents 19% of the civilian noninstitutionalized population. Five percent of children ages 5 to 17 have disabilities; 10% of people 18 to 64 have disabilities; […]

Supreme Court of Canada Helps Employers with Duty to Accommodate Disabilities

by Rachel Ravary McCarthy Tetrault Last week’s decision in Hydro Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d’Hydro-Québec 2008 SCC 43 is good news for employers – finally there is a clear limit to your duty to accommodate employees who are chronically absent from work. Not only did the Supreme Court […]