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Accessibility Standards

To defer or not to defer a human rights application: What are the relevant questions?

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.

 

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Mental health or physical disabilities that deal with the duty to accommodate

Mastering the ins and outs of the duty to accommodate under human rights legislation is hard. In fact, some would go so far as to say impossible. It’s no wonder this topic has floated to the top of the list of challenges faced by HR practitioners. I’ve given this some thought and come up with a number of rules that I feel should be followed in all cases.

 

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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.

 

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Toronto v. Cannabis

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.

 

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Allergies in the workplace

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.

 

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It takes two to tango: Superior Court rules on employees’ duty to facilitate in the accommodation process

Employers have a duty to accommodate employees with disabilities to the point of undue hardship, including facilitating the return to work of employees who require disability-related accommodation. An important aspect of this duty is procedural, i.e. the steps taken to search for a reasonable accommodation. Even if an employer ultimately cannot accommodate without undue hardship, failure to engage in the procedural aspect of the duty to accommodate is a violation of the Human Rights Code.

 

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Accommodating disabled employees: Can an employee demand to work at a different workplace?

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.

 

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Accessibility is a human rights issue

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.

 

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Disabled employee earning $22,000 per year awarded $110,000 damages

Many employees now claim more than one type of legal damages in a wrongful dismissal case. This is particularly the case when the employee is disabled. The following case is a good example.

 

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Hegemony and disability, a further social critique

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.

 

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17th annual Ontario employment law conference early bird registration #learnthelatest

Registration is now open for the 17th Annual Ontario Employment Law Conference, presented by First Reference and Stringer LLP on Thursday June 2, 2016.

 

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Changes in the Criminal Code: Employee rights in a time of legal chaos

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:

 

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Accommodating the disabled employee: The individual accommodation plan

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…

 

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White privilege and disability

Only recently has the subject of white privilege come under scrutiny. White privilege has informed government, policy, relationships, youth, old age, trajectories of state bodies and even points in geo-political history. Like racial narratives, constructs that reproduce normality have allowed the concept of being able bodied to be viewed as positive and disability as negative.

 

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Should employers talk about mental health in the workplace?

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.

 

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