Tag: essential duties

Case Study: Appeals Court Gives Tough Break to Employers on ‘Essential’ Duties

By Shelby A. Hicks-Merinar, Associate, Steptoe Johnson PLLC Feb 21, 2023 HR Management & Compliance

Updated: Feb 21, 2023

Within the last year, interesting trends have emerged from federal courts on a variety of important ADA issues. Striking somewhat of a balance, courts have tended to be more favorable to employers in deciding which functions of a job are truly “essential.” Conversely, many courts have sided with the employee regarding the sufficiency of the […]

Duty to disclose medical condition in pre-employment questionnaire

By Simon Laberge Jan 8, 2017 Northern Exposure

Updated: Jan 8, 2017

by Simon Laberge This article discusses questioning employees about essential functions when hiring in Canada. Trust is a fundamental element in the relationship between an employer and an employee. That relationship of trust can be breached in various ways during the course of employment including during the hiring process when an employer questions candidates to […]

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

By Northern Exposure Mar 15, 2015 Northern Exposure

Updated: Mar 15, 2015

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 […]