Argues that the decision in Tranchemontagne to import a substantive test at the prima facia stage, into human rights tribunal cases, shifts the burden onto the claimant to prove that the rule was substantively discriminatory and is inconsistent with previous Supreme Court of Canada decisions.
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.
An empirical study of the Supreme Court of Canada’s interpretation of the Charter of Rights in disability related cases. The study tracks the evolution of the concept of disability discrimination and the the use and evolution of different models of disability.
Article discusses the SCC adoption and continued recognition of the social model of disability through various disability equality cases.
A philisophical discussion of the market influence on the duty to accommodate. A useful discussion of the standard for an employer to establish BFOR. Discusses analysis to determine reasonable accommodation. Discusses how certain decisions of the SCC have moved towards acknowledgment of the social model of disability.
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.
Discrimination has, in Ontario cases, been prohibited in cases where the individual's obesity has been perceived to be a disability, but the author believes that 'obesity' should be labeled as a distinct prohibited category of discrimination under law.
Examines the extent that Charter of Rights concepts for determining prima facia discrimination such as stereotyping, prejudice, arbitrariness apply to finding discrimination under statutory human rights codes.