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.
Article filters through human rights disclosure rulings in Canada; concern with levels of confidentiality awarded to persons with disabilities when providing disclosure of medical information.
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.
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.