Integrated Accessibility Regulation
We know that the AODA employment standards requirements are demanding because we have heard about the challenges from those organizations with 50+ employees that were obligated to comply in January 2016. Smaller employers with fewer resources may need additional assistance to keep track of the project, including reviewing, updating and implementing many HR forms and documents such as job offers, employment contracts, job postings and applications to ensure they are consistent with the new accessibility standards.
The three popular articles this week on HRinfodesk deal with: legislative amendments that expanded the access to Employment Insurance benefits; a case where a former employee was awarded six months’ compensation in lieu of notice after she had declined a severance package offered to her by the employer; further recent updates regarding the Accessibility for Ontarians with Disabilities Act.
On Thursday June 23, 2016, the Ontario government announced that they are considering mandatory work experience programs for all high school, college and university students.
Where the Human Rights Tribunal of Ontario finds there is a separate proceeding that may involve similar facts, the Tribunal has discretion to defer consideration of an application until the proceeding has been completed. Such was the question, whether or not to defer the application in the recent interim order in West v.Yogen Fruz Canada Inc.
Ontario Court of Appeal upholds decision to reinstate disabled employee with 10 years back pay: Will human rights litigation ever be the same again?
I predict a recent Ontario Court of Appeal decision will have a significant impact on human rights litigation. In particular, I suspect disabled employees will start asking employers to find or create alternative positions for them if they cannot perform their job duties because of a disability, and terminated employees will start asking adjudicators to reinstate them with full back pay.
Dispensaries are currently undergoing a series of raids as TPF personnel are cracking down on store fronts and businesses that are working outside the law. The surge in organizations selling cannabis and cannabis products might well be egged on by the looming eventuality that cannabis will either become decriminalized or legalized in the near future.
Many people across the world face allergies that have an effect on every aspect of their lives, including the workplace. These allergies can impose difficulties on either being in a workplace or performing certain tasks in their job. One thing for employers to note is that if the allergy is severe enough, it would probably be considered a disability and must be accommodated appropriately.
In a recent case, an adjudicator concluded that an employer failed to accommodate an employee on long-term disability who requested that she be permitted to work in a different work location than a co-worker for mental health reasons.
Accessibility is a human rights issue. When we look at how it is enacted through the Ontario Human Rights Commission, their online trainings, and their policy papers, we can plainly see that this is the case.
Hegemony in the context of disability works on a level where systems are negotiated by society’s institutions. The ability of an institution to accommodate new demands in terms of accessibility is an example of the institution’s flexibility. However, there are institutions that are so ingrained in history and social context that they prove to be almost unmovable (Omi & Winant, 1980). This is how disability and hegemony interact at the simplest level, but on another level there is a grid of interlocking systems that cater to the category of disability, as well as perpetuate discrimination in its current form. These systems of societal input inform and naturalize dialogues of discrimination.
In 2016, employees may be faced with requests from employers or from others whom the employees serve to participate in activities that are prohibited by the Criminal Code. There are two areas, in particular, of potential legal conflict in the workplace:
For many years, Ontario employers have been obliged to accommodate disabled employees unless it results in undue hardship. Effective January 1, 2016, a new concept under this duty, the individual accommodation plan obliges employers to…
Recent news in the media has highlighted competing perspectives on mental health, one story focusing on the importance of mental health privacy, and the other campaigning for speaking out about mental health. Wednesday Jan 27, 2016 has been designated as the Bell Let’s Talk day, meaning let’s talk about mental illness, as part of Bell’s multi-year campaign around the issue. This seems in contrast to a recent human rights decision about student mental health privacy rights at York University.