Limitations on the Duty to Accommodate
"Lost in Translation: The Disability Perspective in Honda v Keays and Hydro-Quebec v Syndicate" 3:1 McGill Journal of Law & Health 137
A critical examination of undue hardship standard for “non-mainstream” disabilities in employment law and labour law. Duty to accommodate does not require a fundamental change to the nature of the employment relationship. The applicability of human rights law in wrongful dismissal action and collective agreement grievance. A good summary of the basic principals of undue hardship.
"An Overview of the Duty to Accommodate and Undue Hardship in Human Rights" Council of Canadians with Disabilities
Duties and Responsibilities in the Accommodation Process. Reviews the parties duties in the accommodation process.
"Survival of the Fittest: The Failure to Accommodate and Compensate in the Canadian Armed Forces" 20:2 Canadian Labour & Employment Law Journal 3Print, 79
The article discusses how the Canadian Armed Forces are exempt by the Canadian Human Rights Code, based on the principle of universality of service, from having to accommodate disabled members, there for being able to terminate them based on medical reasons. This means the Forces are allowed to engage in prima facia discrimination. The universality of service principal is a bona fide occupational requirement. The article argues that the universality principle is not reasonably necessary.
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.
"Human Rights at Work: Physical Standards for Employment and Human Rights Law" 41:6 Applied Physiology, Nutrition and Metabolism S63
The article reviews the law around physical standards constituting a Bona Fide Occupational Requirement.