"Employees are required to disclose confidential medical information for accommodation purposes" McMillan LLP - Employment and Labour Bulletin
Review of Complex Services Inc v Ontario Public Service Employees Union, alerting readers to the employee's responsibility to provide supporting medical documentation as part of the accommodation process; casino employer creating substantial attempt to clarify nature of disability.
"Shared Responsibility - The Accommodation Process and Disclosure of Personal and Medical Information", as part of the Workplace Rights & Accommodations Forum 2016 on behalf of Robins Appleby LLP
Conference presentation paper as part of the Workplace Rights & Accommodations Forum 2016, discussing the collaborative process involved in the duty to accommodate, with a focus on the required nature and extent of information disclosure.
"Balancing Employer Policies and Employee Rights: The Role of Legislation in Addressing Workplace Alcohol and Drug Testing Programs", 46:1 Alberta L Rev 141
A brief discussion of pre-employment drug testing. Discusses the law on when a drug dependency is required to be accommodated, the justification for drug testing, and the workplace health and safety plans to support testing. It discusses when pre-employment, pre-access, random drug testing and zero tolerance policies are discriminatory. It discusses the implications of medical cannabis and recreational use. Discusses a decision where the lack of cannabis testing that could determine impairment was found to be undue hardship.
"A Doctor's Note a Day Keeps Employers at Bay", as Tab 13 of The Law Society of Upper Canada's Continuing Professional Development program June 20, 2017 titled The Six Minute Employment Lawyer 2017
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.
"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.