Tag: disabled employees

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 […]

McDonald’s Fails to Accommodate Employee Unable to Wash Hands

by Daniel Pugen and Earl G. Phillips McCarthy Tetrault In Canada, human rights legislation provides that employers have a duty to accommodate disabled workers unless such accommodation would cause “undue hardship” on the employer. A recent case involving McDonald’s Restaurants before the British Columbia Human Rights Tribunal illustrates the high standard of accommodation expected of […]

From the Editor

Welcome to the first issue of Diversity Insight. The topic of workplace diversity has never been more important than it is right now. Employers across the country are struggling to manage a new workforce that is becoming increasingly diverse and complex. As a result, HR is required to settle differences between ethnic groups, bring peace […]

Biometric Hand Scanners vs. Religious Beliefs: What Does the Law Say?

by Daniel Pugen McCarthy Tetrault Biometric hand scanners vs. religious beliefs: What does the law say? In Canada, employers must accommodate their employees’ religious beliefs to the point of “undue hardship” for the employer. But what if you don’t consider an employee’s religious beliefs “mainstream”? That doesn’t matter, according to a recent decision by an […]