DOC; PDF; RTF

"Mental Health and Stigma - How Best to Protect Workers From Discrimination", 34 Windsor Review of Legal and Social Issues 1

Official Abstract: "The focus of this article is mental health and workplace disability discrimination in the UK. The article will look at a number of ways that disability discrimination in the UK could be developed to the advantage of people with mental health problems, through an examination of the legislation and through case analysis.The issues that are raised by disability discrimination on the ground of mental health are pertinent to all legal systems that have enacted laws to try and protect people suffering from disability discrimination.

"Everybody's Business: Human Rights Enforcement and the Union's Duty to Accommodate", 18 Canadian Lab & Emp L J 209

Author discusses Central Okanagan School District v Renaud (1992) and encouraged cooperation between unions and employers to accommodate employee disabilities; however, subsequent tribunals have interpreted this as holding unions co-liable; author calls on SCC to clarify Renaud.

"How Did We Get Here - Setting the Standard for the Duty to Accommodate" 59 University of New Brunswick Law Journal 95

Discusses the inter-connectedness of the concepts of duty to accommodate, Bona Fide Occupational Requirement and undue hardship. She argues that the duty to accommodate is part of the test for BFOR, within the process of justification required which is linked to the concept of reasonable necessity in step three of the Meiorin test. Discusses that the implication of the duty to accommodate, as established in the Meiorin test, requires considering alternative standards to the employers standard being questioned, which challenges norms and has the potential to affect substantive change.

"Tackling Disability Discrimination at Work: Towards a Systemic Approach", 4:1 McGill JL & Health 17

Advocates for a systemic approach to anti-discrimination law and reviews the factors considered when anticipating the need for individualized accommodation; reiterates that prima facie case of discrimination should be distinct from assessments of a bona fide occupational requirement. 

"Balancing Employer Policies and Employee Rights: The Role of Legislation in Addressing Workplace Alcohol and Drug Testing Programs", 46:1 Alberta L Rev 141

A brief discussion of pre-employment drug testing. Discusses the law on when a drug dependency is required to be accommodated, the justification for drug testing, and the workplace health and safety plans to support testing. It discusses when pre-employment, pre-access, random drug testing and zero tolerance policies are discriminatory. It discusses the implications of medical cannabis and recreational use. Discusses a decision where the lack of cannabis testing that could determine impairment was found to be undue hardship.

"Conceptual Challenges in the Application of Discrimination Law in the Workplace" 3 Can J Hum Rts 75

The article discusses the conceptual challange that addiction and mental health pose in being not immutable, pose for establishing prima facia discrimination and how courts/adjudicators have dealt with it. The article addresses the test to determine indirect discrimination and the need to include indirect discrimination to achieve substantive equality. 

"Alcohol and Obesity Law in Canada, the United Kingdom, and Australia", 21 Cardozo J Int'l & Comp L 653

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. 

Pages