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Canadian Work Disability Accommodation Law Resources
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This Database of Resources is a searchable database of the literature. Updated as of August 2019.
Author	Year	Title + Citation	Format	Literature: Source Type	Main Category	Sub-category	Other Relevant Tags	Notes on How to Access	Open Access	Code / ISBN / Call #	Short Description
Abbas Maia	2014	"Employing Disability: Deconstructing Insufficient Protections for Non-Mainstream Disabilities", 5 W J Legal Stud No2	DOC PDF RTF	Academic: Journal Article	Duty to Accommodate Defining Disability	Forms of Accommodation Based on Disability	chronic-fatigue syndrome fibromyalgia personality disorders post-traumatic stress disorder obsessive-compulsive disorder epilepsy extreme allergies	QL Subscription WL Subscription HeinOnline Subscription Available on Western Journal of Legal Studies Website	Yes		Survey of case law on what the author refers to as 'non-mainstream' disabilities, or those disabilities that are difficult to diagnose (episodic or mental health related, for example) as jurisprudence on the duty to accommodate has not yet adequately addressed these issues; duty to accommodate and relevant human rights legislation needs to better tackle the barriers such individuals face, presented by current interpretations.
Abbas Maia	2016	"Accommodating Complex Disabilities: Chronic Pain Disorders and the Canadian Workplace", Electronic Thesis and Dissertation Repository 3864	PDF	Academic: Journal Article	Duty to Accommodate	Duties and Responsibilities in the Accommodation Process Forms of Accommodation Based on Disability	chronic pain disorders chronic fatigue syndrome fibromyalgia multiple chemical sensitivity	Available on Western University Library Website	Yes		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.
Adams Eric A.	2016	"Human Rights at Work: Physical Standards for Employment and Human Rights Law" 41:6 Applied Physiology, Nutrition and Metabolism S63	HTML PDF	Academic: Journal Article	Duty to Accommodate	Limitations on the Duty to Accommodate	bona fide occupational requirement physical standards safety strength speed endurance actual employment requirments	Available on Canadian Science Publishing Website	Yes		The article reviews the law around physical standards constituting a Bona Fide Occupational Requirement.
Alon-Shenker Pnina	2012	"The Duty to Accommodate Senior Workers: Its Nature, Scope and Limitations", 38 -1 Queen's LJ 165	DOC PDF RTF	Academic: Journal Article	Duty to Accommodate	Appropriate Accommodation	employer's duty disability due to old age	SSRN Subscription QL Subscription WL Subscription HeinOnline Subscription	No		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.
Alon-Shenker Pnina	2014	"Ending Mandatory Retirement: Reassessment", 35 Windsor Rev Legal & Social Issues 22 (Special Topic: Aging)	DOC PDF RTF	Academic: Journal Article	Discrimination	Prima Facie Discrimination	forms of accommodation based on disability disability due to old age aging with a disability	SSRN Subscription QL Subscription WL Subscription HeinOnline Subscription	No		Review of recent legislated changes on mandatory retirement in Canada; advocates a holistic approach to regulation of a worker's older age in order to best promote the right to age equality for senior workers, balancing this with the rights of employers and society overall.
ARCH Disability Law Centre	2018	"A More Contextual Approach to Human Rights Tribunal of Ontario's One-year Limitation Period" Focus Blog	HTML	Grey: Blog Post/Commentary	Limitation Period			Available on ARCH Disability Law Centre Website	Yes		Article discusses the high threshold for exemptions to filing an application beyond the limitation period and some recent exceptions to the high threshold.
ARCH Disability Law Centre	2019	"The Availability of Charter Remedies at the Human Rights Tribunal of Ontario" Focus Blog	HTML	Grey: Blog Post/Commentary	Charter Remedies			Available on ARCH Disability Law Centre Website	Yes		Discusses the rare circumstances when Charter remedies are available at the Human Rights Tribunal of Ontario.
ARCH Disability Law Centre	2019	"Accommodating Addictions Disabilities in the Workplace" Case Summary and Analysis	HTML	Grey: Blog Post/Commentary	Duty to Accommodate	Duties and Responsibilities in the Accommodation Process	procedural duty to accommodate addiction termination duty to inquire	Available on ARCH Disability Law Centre Website	Yes		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.
Astritis Andrew & Dayna Steinfeld	2016	"Privacy and the Accommodation Process", as Tab 6 of The Law Society of Upper Canada's Continuing Professional Development conference on June 16, 2016 titled The Duty to Accommodate in the Workplace	PDF	Grey: Conference Paper	Duty to Accommodate	Duties and Responsibilities in the Accommodation Process	Privacy Confidentiality and the Disclosure of Medical Information	Available on Law Society of Ontario Website (AccessCLE)	Yes		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.
Baker David	2017	"Stewart v Elk Valley Coal Corp. Summary: SCC Reaffirms Test for Discrimination but Gives a Narrow Understanding of Addiction", BakerLaw - Articles	HTML	Grey: Blog Post/Commentary	Discrimination	Prima Facie Discrimination	addiction Drug Testing Zero-Tolerance Policy	Available on BakerLaw Firm Website	Yes		Summary of Stewart v Elk Valley Coal Corp, 2017 SCC 30; criticism of the court's treatment and limited analysis of drug addiction in legal reasoning.

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