Tag: duty to accommodate

Are coworkers out to get paranoid employee?

by J. Steven Massoni Mental impairments are some of the most challenging disabilities to accommodate. Read on to learn about how one company managed a difficult situation with an employee who suffers from a mental health disorder and how your company should respond in similar circumstances.  Imagine this Kenneth Tyler has worked for the company […]

Legal haze: accommodating employees who use medical marijuana

by Kyla Stott-Jess One of the hot topics discussed during the recent Canadian federal election was the possible legalization of marijuana. The Liberal Party, which won the election, took a position in favor of legalization as part of its platform. As the country waits to see whether the new government will put forward legislation to […]

Not all relapses are created equal

by Stephanie Gutierrez An addiction to drugs and/or alcohol is considered a disability in Canada. As such, employers in Canada often enter into last chance agreements with employees suffering from a drug or alcohol addiction. But does a last chance agreement always mean it’s the employee’s “last chance”? Not necessarily.

Duty to accommodate doesn’t require exempting employee from essential duties

by Andrew Bratt and Megan Rolland Canadian human rights legislation generally requires employers to accommodate the disabilities of their employees up to the point of undue hardship. In the recent case of Pourasadi v. Bentley Leathers Inc. (2015 HRTO 138), the Human Rights Tribunal of Ontario considered whether undue hardship was reached in the context […]

Google: not a replacement for individualized accommodation

by Megan Rolland It may be convenient and easy to use, but you cannot find the answer to everything on the Internet. As one Canadian employer recently learned, Google research on a medical condition is not a proper substitute for individualized accommodation.

Adverse-effect discrimination and probationary employees

by Kyla Stott-Jess In Canada, it is well-established that employers cannot simply terminate employees whose work performance is negatively impacted by disability. Rather, an employer must attempt to accommodate the employee to the point of undue hardship. But what happens when the employee fails to notify the employer of his disability? Further, what accommodation does […]

Human rights damages awarded by Ontario court

By Eowynne Noble In 2008, Ontario’s Human Rights Code was revised to specifically permit Ontario courts to award damages for breaches of the Code. Before this, it was only the Human Rights Tribunal that had jurisdiction to award damages for human rights violations in Ontario. Since then, Ontario plaintiffs have made many attempts to obtain […]

Objective medical proof not necessary for accommodation duties to arise

By Marc Rodrigue Under human rights legislation across the country, Canadian employers have a general duty to accommodate employees who are unable to perform their work for a period of time because of illness or disability to the point of undue hardship. This may require an employer to grant an employee a leave of absence […]

Duty to Accommodate Disabilities Takes New Turn in Canada

By Donna Gallant Employers are regularly called upon to modify the workplace or job duties in order to accommodate disabilities. But personal assistive bodily devices haven’t traditionally been part of the accommodation discussion in Canada. This may now be changing, according to a recent arbitration decision. Teacher requires hearing aids A teacher struggled with a […]

No Separate Duty of Fair Treatment in Accommodation in British Columbia

By David G. Wong The British Columbia (BC) Supreme Court, in Emergency Health Services Commission v. Cassidy, has recently confirmed that a BC employer’s duty to accommodate doesn’t extend to including a freestanding procedural requirement that the employer treat the employee fairly, and with due respect for his dignity, throughout the accommodation process. Facts At […]