Appropriate Accommodation

"The Duty to Accommodate: Does the Origin of the Disability Matter?" Ontario Bar Association - Sections - Constitutional, Civil Liberties and Human Rights Law

SCC held the Quebec's rehabilitation act was subject to the Quebec Charter and therefore reasonable accommodation beyond that set out in the Rehabilitation Act is required by employers for persons with disabilities. 

"'Reasonable Accommodation' and 'Accessibility': Human Rights Instruments Relating to Inclusion and Exclusion in the Labor Market" 6:3 Societies 1

Uses an analysis of the UN Convention on the Rights of Persons with Disabilities (CRPD), and the main principles of accessibility and the means of reasonable accommodation - the extent to which they are used to protect the human rights of disabled persons in the workplace depends on whether, and to what degree, the state and its workforce embraces the CRPD's values. However, civil society does not have this same obligation, but have a right to participate in the process of designing an inclusive work environment. 

"Accommodating Workplace Stress, Mental Disability, and Other Invisible Disabilities", as Tab 6A of The Law Society of Upper Canada's Continuing Professional Development conference on December 8, 2016 titled 5th Annual Human Rights Summit

Differentiates 'stress' in a workplace context, outlines accommodations for stress, non-evident disabilities; how do identify stress; employer's perspective and appropriate measures; union involvement; application of 'Holmes-Rahe' Life Stress Inventory. 

"Mental Illness and Addiction: Workplace Challenges" as part of Hamilton Law Association's 8th Annual Emerging Issues in Employment Law Seminar

Seminar paper discussing an employer's role when addressing mental illness and addiction in the workplace; impact of changes to Ontario's Occupational Health and Safety Act; procedural duty, disclosure, accommodation. 

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

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. 

"An Examination of the Duty to Accommodate in the Canadian Human Rights Context" Background Paper on behalf of the Parliamentary Information and Research Service (Library of Parliament, Canada)

Background paper for the Parliamentary Information and Research Service, Legal and Legislative Affairs Division - discusses the duty to accommodate (legslative framework, judicial interpretations) as well as grounds of discrimination (disability, religion, gender or sex, family status).

"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 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.