Procedural Accommodation/Employer's Duty to Inquire
Guide for stakeholders, lawyers and human resource professionals to appropriately handle disability issues in the workplace; explains advancing/defending claims, common law/human rights concerns, and remedies.
Outlines a general process for managers in the public sector; working for the Government of Canada and what it means to uphold the duty to accommodate; review of legislation and prohibited grounds of discrimination; Canadian Human Rights Act.
Author covers the procedural expectation of employers in the accommodation process and suggests case law examples (such as Lane v ADGA Group Consultants Inc 2008, or Steward v Ontario Government Services 2013) of where the duty to inquire was explored.
Summary of Ontario Human Rights Tribunal decision in Fair v Hamilton-Wentworth District School Board, 2012. Author notes the remedial order may seem surprising, but the large award for the employee is guided by the long period of time (almost 9 years) taken to litigate.
Review of BC Human Rights Tribunal decision in Mackenzie v Jace Holdings, 2012. Tribunal found that employer failed to fulfill procedural duty to inquire whether accommodation was needed for employee's mental health, thus, discriminating against her.