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"Random Alcohol and Drug Testing as a Complex Human Rights Issue", Law Now - Columns
Commentary on SCC case Communications, Energy and Paperworks Union of Canada Local 30 v Irving Pulp and Paper Mill, 2013 SCC 34, and compares ratio to provide an analysis on the then ongoing litigation issues in Alberta Communications, Energy and Paperworks Union Local 707 v Suncor Energy Inc, 2012 ABCA 307; union vs. non-unionized setting on pre-employment drug test and the line of addiction as deciding factor.
"Open Court and Confidentiality: Can There Be a Balance in Light of our New Media Age?" Ontario Bar Association (OBA) - Human Rights Annual Update
Discusses the test for anonymity of decisions and the implications for disability.
"The Duty to Accommodate: Does the Origin of the Disability Matter?" Ontario Bar Association - Sections - Constitutional, Civil Liberties and Human Rights Law
SCC held the Quebec's rehabilitation act was subject to the Quebec Charter and therefore reasonable accommodation beyond that set out in the Rehabilitation Act is required by employers for persons with disabilities.
"SCC upholds employer's 'no free accident' alcohol and drug policy: Stewart v Elk Valley", Dentons - Alerts
Summary and analysis of decision in Stewart v Elk Valley Coal Corp, 2017 SCC 30; impact on employer's right to take proactive measures in the workplace.
"An Overview of the Duty to Accommodate and Undue Hardship in Human Rights" Council of Canadians with Disabilities
Duties and Responsibilities in the Accommodation Process. Reviews the parties duties in the accommodation process.
"An Overview of Human Rights Jurisprudence Underpinning the Test for Prima Facie Discrimination" Council of Canadians with Disabilities
A review of the various tests of prima facia discrimination.
"Duty to Accommodate: A General Process For Managers" - Diversity and Inclusion in the Public Service
Outlines a general process for managers in the public sector; working for the Government of Canada and what it means to uphold the duty to accommodate; review of legislation and prohibited grounds of discrimination; Canadian Human Rights Act.
"The HRTO and the Duty to Accommodate: How Far Does an Employer Have to Go?", Hicks Morley - Insights - Case In Point
Discussion of Pourasadi v Bentley Leathers decision of the HRTO, in which employer's duty to accommodate did not extend to permanently altering the essential duties of the position, or to assigning the essential duties to other employees; physical restrictions in the workplace.
"Is Miscarriage a Disability?" Law of Work
Article discusses the OHRT finding that a miscarriage is a disability.
"Discriminating Employer Pays a Decade Later: Reinstated, Decade of Back Wages Ordered", Law of Work - Archives, Regulation of Employment (Human Rights, Employment Standards)
Summary of Ontario Human Rights Tribunal decision in Fair v Hamilton-Wentworth District School Board, 2012. Author notes the remedial order may seem surprising, but the large award for the employee is guided by the long period of time (almost 9 years) taken to litigate.