Duties and Responsibilities in the Accommodation Process

"'Reasonable Accommodation' and 'Accessibility': Human Rights Instruments Relating to Inclusion and Exclusion in the Labor Market" 6:3 Societies 1

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. 

"The HRTO and the Duty to Accommodate: How Far Does an Employer Have to Go?", Hicks Morley - Insights - Case In Point

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. 

"Duty to Inquire When Mental Health Issues Suspected", as Tab 1 of The Law Society of Upper Canada's Continuing Professional Development conference on June 16, 2016 titled The Duty to Accommodate 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. 

"Emerging Issues in Disability Management - Duty to Accommodate (Prepared for the 2013 Canadian Health and Wellness Innovation Conference)" Alexander Holburn Beaudin + Lang LLP - Publications

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. 

"On an Employer's 'Duty to Inquire' Into an Employee's Disability", Law of Work - Archives, Regulation of Employment (Human Rights, Employment Standards)

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. 

"Litigating to Advance the Substantive Equality Rights of People with Disabilities" in Bruce Porter & Martha Jackman (eds) Advancing Social Rights in Canada (Irwin Law Inc)

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. 

"Stewart v Elk Valley: The Case of the Cocaine-Using Coal Miner", All Papers - Osgoode Digital Commons 323

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.