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
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"Defending the Human Rights Codes from the Charter" 9 Journal of Law & Equality 1 |
No
|
The article distinguishes between how discrimination is determined under the Ontario Human Rights Code and the Charter of Rights. An extensive discussion of the distinctions between prima facia discrimination under the codes and discrimination in a substantive sense under the Charter and the different thresholds of proof required by the claimant under each statue. Defines systemic discrimination under human rights codes. |
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2016
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"Shared Responsibility - The Accommodation Process and Disclosure of Personal and Medical Information", as part of the Workplace Rights & Accommodations Forum 2016 on behalf of Robins Appleby LLP |
Yes
|
Conference presentation paper as part of the Workplace Rights & Accommodations Forum 2016, discussing the collaborative process involved in the duty to accommodate, with a focus on the required nature and extent of information disclosure. |
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2017
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"Medical Documentation and Disability-Related Accommodation Requests" Canadian Human Rights Reporter |
Yes
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Outlines what is required by an employee to disclose as part of the accommodation process, as well as the employer's duty to maintain privacy of medical documents provided. |
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2014
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"Accommodation: Employee Duty to Disclose - Review of Cases Shows Principles, Results Not Always Consistent" Canadian Human Rights Reporter |
Yes
|
Contrasts two cases of non disclosure until after termination, with different results in respect to whether the employer was required to accommodate the employee. Context is important. |
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2013
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"The Strange Double Life of Canada Equality Rights" 63 The Supreme Court Law Review: Osgoode Annual Constitutional Cases |
Yes
|
The article addresses the tension created by the Supreme Courts's S.15 tests of adverse effects discrimination and there potential to effect the judicial definition of prima facia discrimination under human rights codes. It further discusses how this was resolved with a restatement of the test in the Moore case. |
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2011
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"It's Not Working: Barriers to the Inclusion of Workers with Mental Health Issues", 29 Windsor Y B Access Just 163 |
Yes
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Examines the rights of persons with mental health issues when participating in the workplace, and argues that the principle of inclusion can facilitate a better understanding of discrimination complaints in order to address them appropriately. |
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2014
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"Everybody's Business: Human Rights Enforcement and the Union's Duty to Accommodate", 18 Canadian Lab & Emp L J 209 |
No
|
Author discusses Central Okanagan School District v Renaud (1992) and encouraged cooperation between unions and employers to accommodate employee disabilities; however, subsequent tribunals have interpreted this as holding unions co-liable; author calls on SCC to clarify Renaud. |
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2017
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"Frustration of Contract in Employment Due to Employee Disability or Illness", as Tab 2 of The Law Society of Upper Canada's Continuing Professional Development program June 20, 2017 titled The Six Minute Employment Lawyer 2017 |
Yes
|
Contract law principles; frustration when no party to contract is at fault but the terms can no longer be fulfilled; discusses the cases in which an employee is absent and/or cannot work because of disability or illness lasting a long or unknowable amount of time; provides employers and employees with information on what tribunals have said on such matters. |
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2010
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"Twenty-five Years of Disability Equality? Interpreting Disability Rights in the Supreme Court of Canada" 39:1 Common Law World Review 27 |
No
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Substantive approach to equality for disabled persons; using the perspective of disability rights activists and their allies; looks at SCC cases and interpretation of Charter in addressing disability issues. |
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2014
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"Perspectives on Disability Disclosure: The Importance of Employer Practices and Workplace Climate", 26 Employ Respons Rights J 237 |
Yes
|
Looks at the perspective of persons with disabilities to identify the factors that influence their employee duty of disclosure; concerns that are considered when deciding to disclose, such as the unfair negative stigma often received, isolation or lowered expectations; highlighting barriers in the workplace that should be removed in order to address and circumvent such disclosure considerations. |