Discrimination

"Mental Health and Stigma - How Best to Protect Workers From Discrimination", 34 Windsor Review of Legal and Social Issues 1

Official Abstract: "The focus of this article is mental health and workplace disability discrimination in the UK. The article will look at a number of ways that disability discrimination in the UK could be developed to the advantage of people with mental health problems, through an examination of the legislation and through case analysis.The issues that are raised by disability discrimination on the ground of mental health are pertinent to all legal systems that have enacted laws to try and protect people suffering from disability discrimination.

"Perspectives on Disability Disclosure: The Importance of Employer Practices and Workplace Climate", 26 Employ Respons Rights J 237

Looks at the perspective of persons with disabilities to identify the factors that influence their employee duty of disclosure; concerns that are considered when deciding to disclose, such as the unfair negative stigma often received, isolation or lowered expectations; highlighting barriers in the workplace that should be removed in order to address and circumvent such disclosure considerations. 

"The Strange Double Life of Canada Equality Rights" 63 The Supreme Court Law Review: Osgoode Annual Constitutional Cases

The article addresses the tension created by the Supreme Courts's S.15 tests of adverse effects discrimination and there potential to effect the judicial definition of prima facia discrimination under human rights codes. It further discusses how this was resolved with a restatement of the test in the Moore case.

"Wrongful Termination Claims in the Supreme Court of Canada: Coming Up Short" 34:1 Dalhousie Law J

The author criticises the SCC finding that the manner the employee was terminated, in which the employer chose to stop accommodating the employee’s disability, did not constitute discrimination, despite the lower courts finding of bad faith. The SCC affirms that a breach of the human rights code can not constitute an independent actionable cause of action. The Court restricts the use of bad faith damages in a wrongful dismissal cases.

"Tackling Disability Discrimination at Work: Towards a Systemic Approach", 4:1 McGill JL & Health 17

Advocates for a systemic approach to anti-discrimination law and reviews the factors considered when anticipating the need for individualized accommodation; reiterates that prima facie case of discrimination should be distinct from assessments of a bona fide occupational requirement. 

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