Duty to Accommodate

"Mental Illness and Addiction: Workplace Challenges" as part of Hamilton Law Association's 8th Annual Emerging Issues in Employment Law Seminar

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. 

"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. 

Supreme Court Rules on Undue Hardship

Summary of the Hydro-Quebéc case. The goal of accommodation is to ensure employee who is capable of working can without undue hardship to the employer. The employer is not obliged to change the conditions of work in a fundamental way. Where the employee has had extensive absenteeism and is unlikely that the employee can not return to work without continued absentee issues constitutes undue hardship. 

"Inaccessible Inclusion: Privacy, Disclosure and Accommodation of Mental Illness in the Workplace", 5:1 Canadian Journal of Human Rights 97, 2016 CanLIIDocs 69

Author describes the reluctance of many employees to disclose thier mental health diagnoses due to workplace stigmatization; examines whether currently prescribed by Canadian law affords proper accommodation to such individuals; outlines the need for a seperation between institutional inclusion and social inclusion within the process. 

"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.