"The Duty to Accommodate in the Canadian Workplace: Leading Principles and Recent Cases" Ontario Federation of Labour
Discusses leading principals of accommodation law. A review of the legal standard of accommodation and undue hardship. Reviews unions duties in the accommodation process and their potential liabilities. reviews Reviews case law on employees’ duty to participate in the accommodation process and under what grounds the employee can refuse the employer offered accommodation. reviews the duty to accommodate mental health and addiction disabilties and culpable vrs. non-culpable behavior. Brief discussion of perceived disability and drug testing. Reviews case law on employees privacy rights vs. employers need for safety in respect to impairment testing. Discusses employer and employees duties in respect to rebundling work. Also discusses employees right to privacy vs. the employers need for reasonable information for legitimate accommodation objectives.