Duty to Accommodate

"Mental Health and the Workplace: Important Issues for HR Professionals to Consider" Norton Rose LLP for the Canadian Industrial Relations Association (CIRA)

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.

"'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. 

"Survival of the Fittest: The Failure to Accommodate and Compensate in the Canadian Armed Forces" 20:2 Canadian Labour & Employment Law Journal 3Print, 79

The article discusses how the Canadian Armed Forces are exempt by the Canadian Human Rights Code, based on the principle of universality of service, from having to accommodate disabled members, there for being able to terminate them based on medical reasons. This means the Forces are allowed to engage in prima facia discrimination. The universality of service principal is a bona fide occupational requirement. The article argues that the universality principle is not reasonably necessary. 

"Accommodating Workplace Stress, Mental Disability, and Other Invisible Disabilities", as Tab 6A of The Law Society of Upper Canada's Continuing Professional Development conference on December 8, 2016 titled 5th Annual Human Rights Summit

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. 

"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.