Duty to Accommodate

"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.

"Wrongful Termination Claims in the Supreme Court of Canada: Coming Up Short" 34:1 Dalhousie Law J

The author criticises the SCC finding that the manner the employee was terminated, in which the employer chose to stop accommodating the employee’s disability, did not constitute discrimination, despite the lower courts finding of bad faith. The SCC affirms that a breach of the human rights code can not constitute an independent actionable cause of action. The Court restricts the use of bad faith damages in a wrongful dismissal cases.

"The Implications of the Social Model of Disablement for the Legal Regulation of the Modern Workplace in Canada and the United States" 33(1) Manitoba Law Journal 1

A philisophical discussion of the market influence on the duty to accommodate. A useful discussion of the standard for an employer to establish BFOR. Discusses analysis to determine reasonable accommodation. Discusses how certain decisions of the SCC have moved towards acknowledgment of the social model of disability. 

"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. 

"Stewart v Elk Valley: The Case of the Cocaine-Using Coal Miner", All Papers - Osgoode Digital Commons 323

Discussion prepared for the Ontario Bar Association Institue 2018, Exploring the Evolving Definition of Disability and Evidence to Support It. Reviews decision of Stewart v Elk Valley; addiction (including both substance use and behavioural matters) is accepted as mental illness.