The author reviews the inconsistent interpretation between jurisdictions of the procedural duty to accommodate and argues that the application in Ontario is a miss-interpretation of the law and leads to distorted results.
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.
Comparison between Canadian and Australian discrimination law in addressing addiction as a disability; merely conceptualizing addiction as a disability will not be enough to reduce discrimination faced by addicted individuals, and instead, foundational legal policies neeed to be established; culture of ableism, even within approaches aimed at reducing discrimination altogether, are prevalent and need to be addressed if addiction is to be accommodated appropriately.
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.
Argues that tribunals should use the principle of effective remedies when exercising their authority to grant systemic remedies. This should especially be the case when government respondents argue for remedies following the nature of corrective justice.
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.
Article briefly describes the facts in a seminal case on harassment and poisoned work environment. Discusses vicarious liability of the company for a manager's harassment of a deaf employee, compounded by the fact that the manager was the guiding mind of the corporation. Article notes that this is the first known civil case to apply Human Rights Code damages in addition to civil damages.
Background paper for the Parliamentary Information and Research Service, Legal and Legislative Affairs Division - discusses the duty to accommodate (legslative framework, judicial interpretations) as well as grounds of discrimination (disability, religion, gender or sex, family status).
On the balance between right to privacy and sufficient information required for appropriate accommodation; review of recent Canadian case law discussing privacy issues involved in workplace accommodation.