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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2011
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"Duty to Accommodate: A General Process For Managers" - Diversity and Inclusion in the Public Service |
Yes
|
Outlines a general process for managers in the public sector; working for the Government of Canada and what it means to uphold the duty to accommodate; review of legislation and prohibited grounds of discrimination; Canadian Human Rights Act. |
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2016
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"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 |
Yes
|
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. |
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2018
|
"Social Construction of Fatness: Legal Proceedings in Canada" 33:6 Disability & Society 954 |
No
|
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. |
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2017
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"Survival of the Fittest: The Failure to Accommodate and Compensate in the Canadian Armed Forces" 20:2 Canadian Labour & Employment Law Journal 3Print, 79 |
No
|
The article discusses how the Canadian Armed Forces are exempt by the Canadian Human Rights Code, based on the principle of universality of service, from having to accommodate disabled members, there for being able to terminate them based on medical reasons. This means the Forces are allowed to engage in prima facia discrimination. The universality of service principal is a bona fide occupational requirement. The article argues that the universality principle is not reasonably necessary. |
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2017
|
The Law on Disability Issues in the Workplace (Edmond Publishing) |
No
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Guide for stakeholders, lawyers and human resource professionals to appropriately handle disability issues in the workplace; explains advancing/defending claims, common law/human rights concerns, and remedies. |
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2016
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"'Reasonable Accommodation' and 'Accessibility': Human Rights Instruments Relating to Inclusion and Exclusion in the Labor Market" 6:3 Societies 1 |
No
|
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. |
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2016
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"Invisible Barriers: Accommodating Mental Illness in the Workplace", Industrial Relations Centre (Queen's University) |
Yes
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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. |
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2009
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"An Overview of Human Rights Jurisprudence Underpinning the Test for Prima Facie Discrimination" Council of Canadians with Disabilities |
Yes
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A review of the various tests of prima facia discrimination. |
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2009
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"An Overview of the Duty to Accommodate and Undue Hardship in Human Rights" Council of Canadians with Disabilities |
Yes
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Duties and Responsibilities in the Accommodation Process. Reviews the parties duties in the accommodation process. |
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2013
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"Mental Health and the Workplace: Important Issues for HR Professionals to Consider" Norton Rose LLP for the Canadian Industrial Relations Association (CIRA) |
Yes
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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. Discusses when employer is deemed to have constructive knowledge of the disability. Discusses that employee can not be terminated for misconduct if there is a causal connection between the disability and the conduct. |