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Canadian Human Rights Law Key Themes

Click here for the text-based description of the Canadian Human Rights Law Key Themes table

General Themes:	Sub-themes:
Defining Disability	Perceived Disability Anticipated Disability Non-Evident Disabilities Episodic Disability Socially Constructed Disabilities
Disability Discrimination	Prima Facie Discrimination Adverse Effects/Constructive Discrimination Harrassment, Poisoned Work Environment Vicarious Liability	Systemic Discrimination Reprisal Intersectional Grounds
Reasonable Accommodation	Duty to accommodate	Procedural Accommodation/Employer's Duty to Inquire Substantive Accommodation Privacy, Confidentiality, and the Disclosure of Information Employee's Duty (Duty to assist, Duty to Provide necessary medical information) Union's Duty Appropriate Accommodation Forms of Accommodation
	Limitations on the Duty to Accommodate	No duty to alter the workplace in a fundamental way Fundamental contract of employment not to be frustrated Bona Fide Occupational Requirement (BFOR) Undue Hardship Essential duties of the job
Litigation Specific Issues	Limitation Periods Damages Costs Remedies
	*Note this is a general guide of Canadian human rights law themes. Literature on each is subject to its availability, within the search scope.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Text-based description of the Canadian Human Rights Law Key Themes table​

 

General Themes:

• Defining Disability

  • Sub-themes:

    • Perceived Disability Anticipated Disability
    • Non-Evident Disabilities
    • Episodic Disability
    • Socially Constructed Disabilities

• Disability Discrimination

  • Sub-themes:

    • Prima Facie Discrimination
    • Adverse Effects/Constructive Discrimination
    • Harrassment, Poisoned Work Environment
    • Vicarious Liability
      • Systemic Discrimination
      • Reprisal
      • Intersectional Grounds

• Reasonable Accommodation

  • Sub-themes:

    • Duty to accommodate

      • Procedural Accommodation/Employer's Duty to Inquire
      • Substantive Accommodation
      • Privacy, Confidentiality, and the Disclosure of Information
      • Employee's Duty (Duty to assist, Duty to Provide necessary medical information)
      • Union's Duty
      • Appropriate Accommodation
      • Forms of Accommodation

    • Limitations on the Duty to Accommodate

      • No duty to alter the workplace in a fundamental way
      • Fundamental contract of employment not to be frustrated
      • Bona Fide Occupational Requirement (BFOR)
      • Undue Hardship
      • Essential duties of the job

• Litigation Specific Issues

  • Sub-themes:

    • Limitation Periods
    • Damages
    • Costs
    • Remedies

 

*Note this is a general guide of Canadian human rights law themes. Literature on each is subject to its availability, within the search scope.