Duties and Responsibilities in the Accommodation Process

Official Note: "This paper was prepared for the 'Chains & Links: Human Rights Activism Conference" convened by the Ariel F. Sallows Chair in Human Rights at the University of Saskatchewan. The conference was held in Saskatoon, Saskatchewan, November 1-2, 2007."; Discussion and analysis of VIA Rail Canada Inc v Canadian Transportation Agency, 2007 SCC 15. 

On the balance between right to privacy and sufficient information required for appropriate accommodation; review of recent Canadian case law discussing privacy issues involved in workplace accommodation.

Debriefs a case were the arbitrator found if there is a nexus between the disability (addiction) and the misconduct, the disability is a factor in the termination and the employer has a duty to accommodate the employee. Discusses case where it was held that the employer had a duty to inquire in respect to the employees change in behaviour.

Provides a very good discussion of the law in respect to accommodations. Provides an excellent discussion of the state of discrimination law in respect to chronic pain disorders in the workplace. Provides a very good discussion of undue hardship law.