Duty to Accommodate
A brief discussion of pre-employment drug testing. Discusses the law on when a drug dependency is required to be accommodated, the justification for drug testing, and the workplace health and safety plans to support testing. It discusses when pre-employment, pre-access, random drug testing and zero tolerance policies are discriminatory. It discusses the implications of medical cannabis and recreational use. Discusses a decision where the lack of cannabis testing that could determine impairment was found to be undue hardship.
A critical examination of undue hardship standard for “non-mainstream” disabilities in employment law and labour law. Duty to accommodate does not require a fundamental change to the nature of the employment relationship. The applicability of human rights law in wrongful dismissal action and collective agreement grievance. A good summary of the basic principals of undue hardship.
Discusses case of Bellehumeur v Windsor Factory Supply Ltd, ONCA, in which a terminated employee subsequently discloses a disability - decision states that no discrimination had occurred and employer's have a right to take disciplinary action as required.
The article gives a significant review of the OHRT adjudication of requests for anonymity in disability cases and discussed the risk of disclosure. It further discusses the balancing of the open courts principle vrs. the right to privacy; the right to privacy vrs. freedom of the press.
Discusses leading principals of accommodation law. A review of the legal standard of accommodation and undue hardship. Reviews unions duties in the accommodation process and their potential liabilities. reviews Reviews case law on employees’ duty to participate in the accommodation process and under what grounds the employee can refuse the employer offered accommodation. reviews the duty to accommodate mental health and addiction disabilties and culpable vrs. non-culpable behavior. Brief discussion of perceived disability and drug testing. Reviews case law on employees privacy rights vs.
General overview of main human rights values in employment; disability law; leading principles of accommodation, undue hardship , legitimate operational requirements of a workplace, responsibilities of unions in employment disputes; employees responsibilities.
Discusses the test for anonymity of decisions and the implications for disability.
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.
Provides a concise description of the duty to accommodate, then moves to the common types of medical documentation requested by employers, examples of independent medical examinations; explains the relevant ORHC policies; the impact of privacy legislation and relevant cases.
View of adjudicator's attempt to balance between right to privacy and right to information regarding accommodation needs; discusses cases where employee refuses to provide the necessary documents during the process.