employer's duty

"Perspectives on Disability Disclosure: The Importance of Employer Practices and Workplace Climate", 26 Employ Respons Rights J 237

Looks at the perspective of persons with disabilities to identify the factors that influence their employee duty of disclosure; concerns that are considered when deciding to disclose, such as the unfair negative stigma often received, isolation or lowered expectations; highlighting barriers in the workplace that should be removed in order to address and circumvent such disclosure considerations. 

"Disability and the Implementation of the Accommodation Duty in the Canadian Workplace by Labour Arbitrators" as an updated version of his article published in R. Echlin & C. Paliare (eds), Law Society of Upper Canada Special Lectures 2007: Employment Law

General overview of main human rights values in employment; disability law; leading principles of accommodation, undue hardship , legitimate operational requirements of a workplace, responsibilities of unions in employment disputes; employees responsibilities. 

"The Doctor's Role in the Accommodation Process - Employer's Right to Medical and Other Evidence", as Tab 4 of The Law Society of Upper Canada's Continuing Professional Development conference on June 16, 2016 titled The Duty to Accommodate in the Workplac

View of adjudicator's attempt to balance between right to privacy and right to information regarding accommodation needs; discusses cases where employee refuses to provide the necessary documents during the process.

"The HRTO and the Duty to Accommodate: How Far Does an Employer Have to Go?", Hicks Morley - Insights - Case In Point

Discussion of Pourasadi v Bentley Leathers decision of the HRTO, in which employer's duty to accommodate did not extend to permanently altering the essential duties of the position, or to assigning the essential duties to other employees; physical restrictions in the workplace. 

"Emerging Issues in Disability Management - Duty to Accommodate (Prepared for the 2013 Canadian Health and Wellness Innovation Conference)" Alexander Holburn Beaudin + Lang LLP - Publications

A look at Section 13 of the British Columbia Human Rights Code through the Rsh v BC HRTO case, covering the employer's duty to accommodate. Union involvement from the Richmond Firefighters Association represented bagining unit employees in the City of Richmond's Fire Department. 

"Reasonable Accommodation As Equal Opportunity in Canadian Employment Law. Reasonable Accommodation in the Modern Workplace Potential and Limits of the Integrative Logics of Labour Law ". 93 Bulletin of Comparative Labour Relations 47.

A reflection of what Canadian legal institutions still need to work on when providing guidance on what employers need to do to establish equal opportunities; anti-discrimination law as it stands are primarly reactive and thus not uniform in providing appropriate accommodations in the Canadian workforce.

"The Relationship Between Long-Term Disability Benefits and The Duty to Accommodate: The Plaintiff’s Perspective" BakerLaw

The article provides a useful canvass of the junction of long term disability insurance and human rights obligations. It points out insures duties and potential grounds of possible liability (breach of contract in the accommodation process, participation or complicity in discrimination, breach of the duty to act in good faith). 

"The Duty to Accommodate Senior Workers: Its Nature, Scope and Limitations", 38 -1 Queen's LJ 165

Using an approach to age discrimination that values the equal concern and treatment of at any point in time of their lives (labeled the 'Dignified Lives Approach'); argues that the duty to accommodate younger workers with disabilities should equally apply to seniors with disabilities, and that the duty to accommodate senior workers should include any age-related needs apart from direct disability concerns.