Forms of Accommodation Based on Disability
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.
Discussion of alcohol dependence and obesity as disabilities; forms of accommodation afforded to individuals with these conditions; comparative law of Canada, UK and Australia; affect of alcohol addiction and obesity on workplace organization; random workplace testing for alcohol.
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.
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.