Provides a concise description of the duty to accommodate, then moves to the common types of medical documentation requested by employers, examples of independent medical examinations; explains the relevant ORHC policies; the impact of privacy legislation and relevant cases.
View of adjudicator's attempt to balance between right to privacy and right to information regarding accommodation needs; discusses cases where employee refuses to provide the necessary documents during the process.
Canvesses the law on medical information disclosure requirements. Discusses how adjudicators seek to balance the employee’s right to privacy with the employer’s right to manage the workplace, maintain safety, and expect a certain level of performance. The article reviews the employee’s obligation to disclose medical information for the employer to assess the employees fitness to work or to assess reasonable accommodations or as necessary for hearing and what type of information may be requested. Discusses the employees right to refuse disclosure and the consequences.
An overview of mental illness and episodic disabilities in the workplace; review of employer responsibility to accommodate, privacy issues and medical disclosure; interesting case-law principles summarized.
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.
Explores the social construction of heavy weight as a disability, with considerations of illness, aesthetic, and blame; reviews Canadian human rights cases in which obesity has been considered as a disability; discusses mythopoeia and its affect on the social construction models.
Differentiates 'stress' in a workplace context, outlines accommodations for stress, non-evident disabilities; how do identify stress; employer's perspective and appropriate measures; union involvement; application of 'Holmes-Rahe' Life Stress Inventory.
Seminar paper discussing an employer's role when addressing mental illness and addiction in the workplace; impact of changes to Ontario's Occupational Health and Safety Act; procedural duty, disclosure, accommodation.
Provides guide and overview of discrimination and accommodations for persons with epilepsy in the workplace, among other daily life advices; addressing legal issues faced by persons with epilepsy.
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.