Duty to Accommodate

"An Examination of the Duty to Accommodate in the Canadian Human Rights Context" Background Paper on behalf of the Parliamentary Information and Research Service (Library of Parliament, Canada)

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).

"Reasonable Accommodation As Equal Opportunity in Canadian Employment Law. Reasonable Accommodation in the Modern Workplace Potential and Limits of the Integrative Logics of Labour Law ". 93 Bulletin of Comparative Labour Relations 47.

A reflection of what Canadian legal institutions still need to work on when providing guidance on what employers need to do to establish equal opportunities; anti-discrimination law as it stands are primarly reactive and thus not uniform in providing appropriate accommodations in the Canadian workforce.

"All Aboard!: The Supreme Court of Canada Confirms that Canadians with Disabilities Have Substantive Equality Rights", 71 Sask L R 39

Official Note: "This paper was prepared for the 'Chains & Links: Human Rights Activism Conference" convened by the Ariel F. Sallows Chair in Human Rights at the University of Saskatchewan. The conference was held in Saskatoon, Saskatchewan, November 1-2, 2007."; Discussion and analysis of VIA Rail Canada Inc v Canadian Transportation Agency, 2007 SCC 15. 

"Privacy and the Accommodation Process", as Tab 6 of The Law Society of Upper Canada's Continuing Professional Development conference on June 16, 2016 titled The Duty to Accommodate in the Workplace

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.

"Accommodating Addictions Disabilities in the Workplace" Case Summary and Analysis

Debriefs a case were the arbitrator found if there is a nexus between the disability (addiction) and the misconduct, the disability is a factor in the termination and the employer has a duty to accommodate the employee. Discusses case where it was held that the employer had a duty to inquire in respect to the employees change in behaviour.

"The Duty to Accommodate Senior Workers: Its Nature, Scope and Limitations", 38 -1 Queen's LJ 165

Using an approach to age discrimination that values the equal concern and treatment of at any point in time of their lives (labeled the 'Dignified Lives Approach'); argues that the duty to accommodate younger workers with disabilities should equally apply to seniors with disabilities, and that the duty to accommodate senior workers should include any age-related needs apart from direct disability concerns.

"Accommodating Complex Disabilities: Chronic Pain Disorders and the Canadian Workplace", Electronic Thesis and Dissertation Repository 3864

Provides a very good discussion of the law in respect to accommodations. Provides an excellent discussion of the state of discrimination law in respect to chronic pain disorders in the workplace. Provides a very good discussion of undue hardship law.

"Employing Disability: Deconstructing Insufficient Protections for Non-Mainstream Disabilities", 5 W J Legal Stud No2

Survey of case law on what the author refers to as 'non-mainstream' disabilities, or those disabilities that are difficult to diagnose (episodic or mental health related, for example) as jurisprudence on the duty to accommodate has not yet adequately addressed these issues; duty to accommodate and relevant human rights legislation needs to better tackle the barriers such individuals face, presented by current interpretations.