Canadian Work Disability Accommodation Law Resources
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This Database of Resources is a searchable database of the literature. Updated as of August 2019.
Author Year Title + Citation Format Literature: Source Type Main Category Sub-category Other Relevant Tags Notes on How to Access Open Access Code / ISBN / Call # Short Description
2012
"Accommodation in the 21st Century" for the Canadian Human Rights Commission
PDF
Yes

Assesses the potential for Meorin and Grismer decisions to change the face of what accommodation of disability means in the modern workplace. Explores whether the jurisprudence in current courts and tribunals are following through with humanitarian promises. 

2014
"Litigating to Advance the Substantive Equality Rights of People with Disabilities" in Bruce Porter & Martha Jackman (eds) Advancing Social Rights in Canada (Irwin Law Inc)
PDF
Yes

Reiterates that standards in the workplace should be as inclusive as possible, and that litigation in cases such as Meorin and Grismer could help to seriously advance substantive equality for those with disabilities. 

2013
"Alcohol and Obesity Law in Canada, the United Kingdom, and Australia", 21 Cardozo J Int'l & Comp L 653
No

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. 

2019
"Conceptualizing Addiction as Disability in Discrimination Law: A Situated Comparison" 46:1 Contemporary Drug Problems 58
PDF
No

Comparison between Canadian and Australian discrimination law in addressing addiction as a disability; merely conceptualizing addiction as a disability will not be enough to reduce discrimination faced by addicted individuals, and instead, foundational legal policies neeed to be established; culture of ableism, even within approaches aimed at reducing discrimination altogether, are prevalent and need to be addressed if addiction is to be accommodated appropriately. 

2016
"Inaccessible Inclusion: Privacy, Disclosure and Accommodation of Mental Illness in the Workplace", 5:1 Canadian Journal of Human Rights 97, 2016 CanLIIDocs 69
Yes

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. 

Supreme Court Rules on Undue Hardship
Yes

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. 

Ena
2010
"Human Rights Disclosure Litigation: Uncovering Invisible Medical Records", 28:1 Windsor Yearbook of Access to Justice 153
QL
Yes

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. 

2017
"Supreme Court of Canada Confirms Termination of Disabled Employee Not a Breach of Human Rights", Hicks Morley - FTR Now
Yes

Elk Valley analysis, prima facie case of descrimination was not made out, in which an employee did not disclose his cocaine use; authors provide a succinct section of 'implications for employers', in which safety, policy, and clarity (in termination letter) is highly valued within employer and employee interactions. 

2014
"The Gloves Come Off: Sky High Damages in Human Rights Cases" Human Rights Update - Stringer LLP
Yes

Article reviews some recent cases were significantly higher awards were granted than typical and much longer periods of backpay, over 10 years’ worth, than would be awarded in courts for similar wrongful termination. In one case the tribunal also ordered reinstatement, equalization of pension and CPP and reimbursement for out of pocket medical expenses. In another case a significant $512,000 in future wages. 

2017
"The Supreme Court of Canada Examines the Discriminatory Nature of an Alcohol, Illegal Drugs and Medication Policy - Stewart v Elk Valley Coal Corp, 2017 SCC 30"
Yes

Case Commentary on Stewart v Elk Valley Coal Corp, 2017 SCC 30; importance of policy drafting and construction of dismissal letters. 

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