mental health

Supreme Court Rules on Undue Hardship

Summary of the Hydro-Quebéc case. The goal of accommodation is to ensure employee who is capable of working can without undue hardship to the employer. The employer is not obliged to change the conditions of work in a fundamental way. Where the employee has had extensive absenteeism and is unlikely that the employee can not return to work without continued absentee issues constitutes undue hardship. 

"Inaccessible Inclusion: Privacy, Disclosure and Accommodation of Mental Illness in the Workplace", 5:1 Canadian Journal of Human Rights 97, 2016 CanLIIDocs 69

Author describes the reluctance of many employees to disclose thier mental health diagnoses due to workplace stigmatization; examines whether currently prescribed by Canadian law affords proper accommodation to such individuals; outlines the need for a seperation between institutional inclusion and social inclusion within the process. 

"Reasonable Accommodation As Equal Opportunity in Canadian Employment Law. Reasonable Accommodation in the Modern Workplace Potential and Limits of the Integrative Logics of Labour Law ". 93 Bulletin of Comparative Labour Relations 47.

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.