Duties and Responsibilities in the Accommodation Process
Uses an analysis of the UN Convention on the Rights of Persons with Disabilities (CRPD), and the main principles of accessibility and the means of reasonable accommodation - the extent to which they are used to protect the human rights of disabled persons in the workplace depends on whether, and to what degree, the state and its workforce embraces the CRPD's values. However, civil society does not have this same obligation, but have a right to participate in the process of designing an inclusive work environment.
Guide for stakeholders, lawyers and human resource professionals to appropriately handle disability issues in the workplace; explains advancing/defending claims, common law/human rights concerns, and remedies.
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.
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.
Author covers the procedural expectation of employers in the accommodation process and suggests case law examples (such as Lane v ADGA Group Consultants Inc 2008, or Steward v Ontario Government Services 2013) of where the duty to inquire was explored.
A look at Section 13 of the British Columbia Human Rights Code through the Rsh v BC HRTO case, covering the employer's duty to accommodate. Union involvement from the Richmond Firefighters Association represented bagining unit employees in the City of Richmond's Fire Department.
Review of BC Human Rights Tribunal decision in Mackenzie v Jace Holdings, 2012. Tribunal found that employer failed to fulfill procedural duty to inquire whether accommodation was needed for employee's mental health, thus, discriminating against her.
Reiterates that standards in the workplace should be as inclusive as possible, and that litigation in cases such as Meorin and Grismer could help to seriously advance substantive equality for those with disabilities.
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.
Discussion prepared for the Ontario Bar Association Institue 2018, Exploring the Evolving Definition of Disability and Evidence to Support It. Reviews decision of Stewart v Elk Valley; addiction (including both substance use and behavioural matters) is accepted as mental illness.