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
2012
"Employees are required to disclose confidential medical information for accommodation purposes" McMillan LLP - Employment and Labour Bulletin
Yes

Review of Complex Services Inc v Ontario Public Service Employees Union, alerting readers to the employee's responsibility to provide supporting medical documentation as part of the accommodation process; casino employer creating substantial attempt to clarify nature of disability. 

2017
"Stewart v Elk Valley Coal Corp, 2017 SCC 30" McGill J of L and Health
Yes

Discusses when addiction is not considered prima facia discrimination by the SCC and the descenting opinions. Reviews the SCC decision on when a zero-tolerance policy will be upheld despite the presence of an addiction.

2008
"Kellogg Brown & Root: Discrimination and pre-employment drug testing", The Court.ca - Human Rights
Yes

Commentary on Alberta CA case Kellogg Brown & Root Canada, analysis of post job offer but pre-employment drug testing policy and casual cannabis used for disability; justification of testing for drugs in 'safety sensitive' positions. 

Kay
2013
"Mental Health and Stigma - How Best to Protect Workers From Discrimination", 34 Windsor Review of Legal and Social Issues 1
WL
No

Official Abstract: "The focus of this article is mental health and workplace disability discrimination in the UK. The article will look at a number of ways that disability discrimination in the UK could be developed to the advantage of people with mental health problems, through an examination of the legislation and through case analysis.The issues that are raised by disability discrimination on the ground of mental health are pertinent to all legal systems that have enacted laws to try and protect people suffering from disability discrimination. Some comparisons are made with Canadian law, s in Canada there appears to be a more open- textured "human rights" approach to disability discrimination. In addition to making suggestions for further developments in UK law, this article suggests that the Canadian approach is the "better" way, as it concerns itself more with a human rights perspective and a social model of disability rather than a medical model." 

2008
"How Far is Too Far? Termination and Accommodation of Disabled Employees" Davis LLP
Yes

Frustration of contract, absenteeism, modified duties, bundling work, creating new position.

2018
"Keep Calm and … Understanding Cannabis: What Employers in the Energy Sector Want to Know About Legalized Cannabis in the Workplace" 56:2 Alberta Law Rev 337
Yes

A brief discussion of pre-employment drug testing. Discusses the law on when a drug dependency is required to be accommodated, the justification for drug testing, and the workplace health and safety plans to support testing. It discusses when pre-employment, pre-access, random drug testing and zero tolerance policies are discriminatory. It discusses the implications of medical cannabis and recreational use. Discusses a decision where the lack of cannabis testing that could determine impairment was found to be undue hardship. Suggests zero tolerance policies are likely to be upheld in limited high risk situations. Discusses the balancing necessary between employee privacy and workplace safety. 

2019
"Addiction in the Workplace - the Nature and Extent of the Duty to Accommodate" prepared for the May 2019 Ontario Bar Association Annual Update on Human Rights, on behalf of Hicks Morley
PDF
No

A look at addiction and substance abuse in the workplace, with focus areas on the recent legalization of marijuana, and the duty to accommodate principles. 

2019
"Getting Frustration of Contract Right - What Happens if a Worker Fails to Provide Medical Documentation to Support Their Ability To Work" Canadian Human Rights Reporter
No

The employee needs to communicate more than a desire to return to work. The employee must demonstrate ability to return to work to trigger the duty to accommodate. The court found that the employer was correct to treat the relationship as being frustrated, when the employee did not supply twice requested medical information. 

2009
"Treaty Interpretation and the United Nations Convention on the Rights of Persons with Disabilities" Legal Reports No 2 D disability Action's Centre on Human Rights for People with Disabilities (Queen's University of Belfast)
Yes
2019
"The Duty to Accommodate in the Workplace: Employee Preferences or Employer's Choice?" prepared for the May 2019 Ontario Bar Association Annual Update on Human Rights, on behalf of MacLeod Law Firm
No

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