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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
Doorey David	2012	"On an Employer's 'Duty to Inquire' Into an Employee's Disability", Law of Work - Archives, Regulation of Employment (Human Rights, Employment Standards)	HTML	Grey: Blog Post/Commentary	Duty to Accommodate	Duties and Responsibilities in the Accommodation Process	Procedural Accommodation/Employer's Duty to Inquire based on disability mental health	Available on Law of Work Website	Yes		Review of BC Human Rights Tribunal decision in Mackenzie v Jace Holdings, 2012. Tribunal found that employer failed to fulfill procedural duty to inquire whether accommodation was needed for employee's mental health, thus, discriminating against her.
Doorey David	2013	"Discriminating Employer Pays a Decade Later: Reinstated, Decade of Back Wages Ordered", Law of Work - Archives, Regulation of Employment (Human Rights, Employment Standards)	HTML	Grey: Blog Post/Commentary	Discrimination	Prima Facie Discrimination	Procedural Accommodation/Employer's Duty to Inquire based on disability mental health	Available on Law of Work Website	Yes		Summary of Ontario Human Rights Tribunal decision in Fair v Hamilton-Wentworth District School Board, 2012. Author notes the remedial order may seem surprising, but the large award for the employee is guided by the long period of time (almost 9 years) taken to litigate.
Doorey David	2016	"Is Miscarriage a Disability?" Law of Work	HTML	Grey: Blog Post/Commentary	Defining Disability	Social Construction of Disability	miscarriage pregnancy	Available on Law of Work Website	Yes		Article discusses the OHRT finding that a miscarriage is a disability.
Elwick John & Manjit Grewal	2013	"Emerging Issues in Disability Management - Duty to Accommodate (Prepared for the 2013 Canadian Health and Wellness Innovation Conference)" Alexander Holburn Beaudin + Lang LLP - Publications	PDF	Grey: Conference Paper	Duty to Accommodate	Duties and Responsibilities in the Accommodation Process	employer's duty substantive accommodation anxiety mental illness undue hardship	Available on Alexander Holburn Beaudin + Lang LLP Website	Yes		A look at Section 13 of the British Columbia Human Rights Code through the Rsh v BC HRTO case, covering the employer's duty to accommodate. Union involvement from the Richmond Firefighters Association represented bagining unit employees in the City of Richmond's Fire Department.
England Geoffrey	2008	"Evaluating the Implications of Honda Canada v Keays" 14 Canadian Lab & Emp L J 329	DOC; PDF; RTF	Academic: Journal Article	Costs			Available with QL WL HeinOnline Subscription; Available on CanLII	Yes		Entire volume available on CanLII; Author reviews Honda Canada v Keays with reference to supplemental case-law on costs in wrongful dismissals; vulnerability of non-unionized employees; employment law and discussion of punitive damages.
Esonwanne Amandi	2018	"Discrimination and the shifting shape of accommodation in Ontario 2000-2015" 48 The Advocates' Quarterly	PDF	Academic: Journal Article	Duty to Accommodate	Responsibilities in the Accommodation Process	procedural duty to accommodate	Available with The Advocates' Quarterly Subscription	No		The author reviews the inconsistent interpretation between jurisdictions of the procedural duty to accommodate and argues that the application in Ontario is a miss-interpretation of the law and leads to distorted results.
Fedoruk Daphne	2016	"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	PDF	Grey: Conference Paper	Duty to Accommodate	Duties and Responsibilities in the Accommodation Process	Procedural Accommodation/Employer's Duty to Inquire based on disability mental health	Available on Law Society of Ontario Website (AccessCLE)	Yes		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.
Fenson Andrea	2009	Epilepsy and the law: What are the legal rights of a person with epilepsy? (Epilepsy Ontario: Thornhill)	PDF Print	Academic: Book	Duty to Accommodate	Appropriate Accommodation	forms of accommodation based on disability epilepsy	Available at ARCH Library; Available on Epilepsy Ontario Website	Yes		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.
Foreman Brent & Patricia Kennedy	2011	"Mental Illness and Addiction: Workplace Challenges" as part of Hamilton Law Association's 8th Annual Emerging Issues in Employment Law Seminar	Print PDF	Grey: Conference Paper	Duty to Accommodate	Appropriate Accommodation	forms of accommodation based on disability mental health addiction	Available at Great Library; Available on Evans Philp LLP Website	Yes		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.
Gallagher Healy Jodi	2015	"The HRTO and the Duty to Accommodate: How Far Does an Employer Have to Go?", Hicks Morley - Insights - Case In Point	HTML	Grey: Blog Post/Commentary	Duty to Accommodate	Duties and Responsibilities in the Accommodation Process	employer's duty substantive accommodation	Available on Hicks Morley Website	Yes		Discussion of Pourasadi v Bentley Leathers decision of the HRTO, in which employer's duty to accommodate did not extend to permanently altering the essential duties of the position, or to assigning the essential duties to other employees; physical restrictions in the workplace.

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