"A Doctor's Note a Day Keeps Employers at Bay", as Tab 13 of The Law Society of Upper Canada's Continuing Professional Development program June 20, 2017 titled The Six Minute Employment Lawyer 2017
Provides a concise description of the duty to accommodate, then moves to the common types of medical documentation requested by employers, examples of independent medical examinations; explains the relevant ORHC policies; the impact of privacy legislation and relevant cases.
"The Doctor's Role in the Accommodation Process - Employer's Right to Medical and Other Evidence", as Tab 4 of The Law Society of Upper Canada's Continuing Professional Development conference on June 16, 2016 titled The Duty to Accommodate in the Workplac
View of adjudicator's attempt to balance between right to privacy and right to information regarding accommodation needs; discusses cases where employee refuses to provide the necessary documents during the process.
"Mental Health and the Workplace: Important Issues for HR Professionals to Consider" Norton Rose LLP for the Canadian Industrial Relations Association (CIRA)
Canvesses the law on medical information disclosure requirements. Discusses how adjudicators seek to balance the employee’s right to privacy with the employer’s right to manage the workplace, maintain safety, and expect a certain level of performance. The article reviews the employee’s obligation to disclose medical information for the employer to assess the employees fitness to work or to assess reasonable accommodations or as necessary for hearing and what type of information may be requested. Discusses the employees right to refuse disclosure and the consequences.
"Invisible Barriers: Accommodating Mental Illness in the Workplace", Industrial Relations Centre (Queen's University)
An overview of mental illness and episodic disabilities in the workplace; review of employer responsibility to accommodate, privacy issues and medical disclosure; interesting case-law principles summarized.
"'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.
"Social Construction of Fatness: Legal Proceedings in Canada" 33:6 Disability & Society 954
Explores the social construction of heavy weight as a disability, with considerations of illness, aesthetic, and blame; reviews Canadian human rights cases in which obesity has been considered as a disability; discusses mythopoeia and its affect on the social construction models.
"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.
Epilepsy and the law: What are the legal rights of a person with epilepsy? (Epilepsy Ontario: Thornhill)
Provides guide and overview of discrimination and accommodations for persons with epilepsy in the workplace, among other daily life advices; addressing legal issues faced by persons with epilepsy.
"Duty to Inquire When Mental Health Issues Suspected", as Tab 1 of The Law Society of Upper Canada's Continuing Professional Development conference on June 16, 2016 titled The Duty to Accommodate in the Workplace
Author covers the procedural expectation of employers in the accommodation process and suggests case law examples (such as Lane v ADGA Group Consultants Inc 2008, or Steward v Ontario Government Services 2013) of where the duty to inquire was explored.