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Duty to accommodate - reasonable accommodation vs. preferred accommodation
  • Miller Thomson LLP
  • Canada
  • September 29 2009

...A recent arbitration decision highlights that the duty to accommodate does not require that an employee be provided with their preferred accommodation where more than one option is available...

Reasonable accommodations: how far must employers go?
  • Fasken
  • Canada
  • April 23 2009

...Fanned by media hype, the concept of "reasonable accommodations" has inflamed passions and captivated the public's attention for the last two years...

Employer breaches procedural but not substantive component of duty to accommodate
  • McMillan LLP
  • Canada
  • August 31 2015

...It is a foundational principle of human rights law that employers have a duty to accommodate certain protected characteristics of their employees to the point of undue hardship. It is also well...

New OHRC Policy on Medical Documentation for Disability-Related Employment Accommodation
  • Blaney McMurtry LLP
  • Canada
  • February 23 2017

...It is well known that under Ontario’s Human Rights Code (the “Code”), employers have a legal duty to accommodate the needs of people with disabilities. The duty to accommodate has both a procedural...

No damages for breach of procedural duty to accommodate
  • Borden Ladner Gervais LLP
  • Canada
  • September 5 2014

...It is well established in human rights law that employers have a ‘duty to accommodate’ their employees. Put simply, this duty requires that employers make efforts to accommodate certain protected...

Recent developments and limits on the duty to accomodate
  • DLA Piper
  • Canada
  • June 27 2012

...INTRODUCTION By this point in time, it is presumed that most employers are familiar with the need to avoid discrimination and to reasonably accommodate disabled employees to the point of undue...

Top 10 employment & labour issues: Issue 1: accommodation in the workplace
  • Blake Cassels & Graydon LLP
  • Canada
  • May 1 2013

...The first topic we address is accommodation in the workplace. What is duty to accommodate? What are some of the current issues and trends in this evolving area? And what are the implications...

Duty to accommodate: how important is the procedure?
  • McCarthy Tétrault LLP
  • Canada
  • April 19 2012

...Procedure is very important in the duty to accommodate, but there is no independent procedural duty that an employer must meet. That was the recent ruling of the B.C. Supreme Court in answer...

The Court of Appeal decides: the CSST's rehabilitation process constitutes reasonable accommodation
  • Fasken
  • Canada
  • August 5 2009

...Until recently, case law vacillated over grievance arbitrators’ jurisdiction to rule in matters of reasonable accommodation in the context of a return to work following an employment injury...

Human rights and accommodation with Peter Straszynski - Torkin Manes legalpoint video
  • Torkin Manes LLP
  • Canada
  • November 27 2015

...Click here to view video. Question: What is a Request for Accommodation? If you are a business owner, chances are that you or your staff have had an employee make the following type of request...