Procedural Accommodation/Employer's Duty to Inquire
The Law on Disability Issues in the Workplace (Edmond Publishing)
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.
"Duty to Accommodate: A General Process For Managers" - Diversity and Inclusion in the Public Service
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.
"Duty to Inquire When Mental Health Issues Suspected", as Tab 1 of The Law Society of Upper Canada's Continuing Professional Development conference on June 16, 2016 titled The Duty to Accommodate in the Workplace
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.
"Discriminating Employer Pays a Decade Later: Reinstated, Decade of Back Wages Ordered", Law of Work - Archives, Regulation of Employment (Human Rights, Employment Standards)
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.
"On an Employer's 'Duty to Inquire' Into an Employee's Disability", Law of Work - Archives, Regulation of Employment (Human Rights, Employment Standards)
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.