Canadian Work Disability Accommodation Law Resources
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| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|
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2012
|
"Managing Disability and Absenteeism in the Workplace" Mathews, Dinsdale & Clark LLP |
Yes
|
Article discusses distinctions between innocent and culpable absenteeism and when employees can be terminated for chronic absenteeism, requirements of an employer attendance management plan and distinguishes counselling from progressive discipline. |
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2014
|
Accommodation Issues in the Workplace; on behalf of Filion Wakely Thorup Angeletti LLP (Wolters Kluwer) |
No
|
Overall focus on expectations that employers should have for themselves when accommodating applicants, employees or third parties. Includes best practices, case law examples; addresses mental health and addiction; family status. |
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2016
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"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 |
Yes
|
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. |
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2017
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"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 |
Yes
|
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. |
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2014
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"Under the Influence: Discrimination Under Human Rights Legislation and Section 15 of the Charter" 3 Canadian Journal of Human Rights 115 |
Yes
|
Examines the extent that Charter of Rights concepts for determining prima facia discrimination such as stereotyping, prejudice, arbitrariness apply to finding discrimination under statutory human rights codes. |
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2017
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"SCC upholds employer's 'no free accident' alcohol and drug policy: Stewart v Elk Valley", Dentons - Alerts |
Yes
|
Summary and analysis of decision in Stewart v Elk Valley Coal Corp, 2017 SCC 30; impact on employer's right to take proactive measures in the workplace. |
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2014
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"Conceptual Challenges in the Application of Discrimination Law in the Workplace" 3 Can J Hum Rts 75 |
Yes
|
The article discusses the conceptual challange that addiction and mental health pose in being not immutable, pose for establishing prima facia discrimination and how courts/adjudicators have dealt with it. The article addresses the test to determine indirect discrimination and the need to include indirect discrimination to achieve substantive equality. |
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2018
|
"The Duty to Accommodate: Does the Origin of the Disability Matter?" Ontario Bar Association - Sections - Constitutional, Civil Liberties and Human Rights Law |
Yes
|
SCC held the Quebec's rehabilitation act was subject to the Quebec Charter and therefore reasonable accommodation beyond that set out in the Rehabilitation Act is required by employers for persons with disabilities. |
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2014
|
"Open Court and Confidentiality: Can There Be a Balance in Light of our New Media Age?" Ontario Bar Association (OBA) - Human Rights Annual Update |
Yes
|
Discusses the test for anonymity of decisions and the implications for disability. |
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2010
|
"Justice for All Shapes and Sizes: Combating Weight Discrimination in Canada" 48:1 Alberta Law Review 167 |
Yes
|
Discrimination has, in Ontario cases, been prohibited in cases where the individual's obesity has been perceived to be a disability, but the author believes that 'obesity' should be labeled as a distinct prohibited category of discrimination under law. |