Duty to Accommodate
Assesses the potential for Meorin and Grismer decisions to change the face of what accommodation of disability means in the modern workplace. Explores whether the jurisprudence in current courts and tribunals are following through with humanitarian promises.
Background paper for the Parliamentary Information and Research Service, Legal and Legislative Affairs Division - discusses the duty to accommodate (legslative framework, judicial interpretations) as well as grounds of discrimination (disability, religion, gender or sex, family status).
A reflection of what Canadian legal institutions still need to work on when providing guidance on what employers need to do to establish equal opportunities; anti-discrimination law as it stands are primarly reactive and thus not uniform in providing appropriate accommodations in the Canadian workforce.
Official Note: "This paper was prepared for the 'Chains & Links: Human Rights Activism Conference" convened by the Ariel F. Sallows Chair in Human Rights at the University of Saskatchewan. The conference was held in Saskatoon, Saskatchewan, November 1-2, 2007."; Discussion and analysis of VIA Rail Canada Inc v Canadian Transportation Agency, 2007 SCC 15.
On the balance between right to privacy and sufficient information required for appropriate accommodation; review of recent Canadian case law discussing privacy issues involved in workplace accommodation.
Debriefs a case were the arbitrator found if there is a nexus between the disability (addiction) and the misconduct, the disability is a factor in the termination and the employer has a duty to accommodate the employee. Discusses case where it was held that the employer had a duty to inquire in respect to the employees change in behaviour.
Using an approach to age discrimination that values the equal concern and treatment of at any point in time of their lives (labeled the 'Dignified Lives Approach'); argues that the duty to accommodate younger workers with disabilities should equally apply to seniors with disabilities, and that the duty to accommodate senior workers should include any age-related needs apart from direct disability concerns.
The article reviews the law around physical standards constituting a Bona Fide Occupational Requirement.
Provides a very good discussion of the law in respect to accommodations. Provides an excellent discussion of the state of discrimination law in respect to chronic pain disorders in the workplace. Provides a very good discussion of undue hardship law.
Survey of case law on what the author refers to as 'non-mainstream' disabilities, or those disabilities that are difficult to diagnose (episodic or mental health related, for example) as jurisprudence on the duty to accommodate has not yet adequately addressed these issues; duty to accommodate and relevant human rights legislation needs to better tackle the barriers such individuals face, presented by current interpretations.