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Posts Tagged ‘accommodation’

Meeting the customer service standard: restaurant menus

Tuesday, December 13th, 2011

All businesses with at least one employee will have to comply with the Accessibility for Ontarians with Disabilities Act Customer Service Standard taking effect January 1, 2012. With regards to restaurants you need to have a policy on allowing people to use their own assistive devices to access your goods and services, and that includes your menu.

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Tags: Accessibility for Ontarians with Disabilities Act, accommodation, aMENU, AODA, assistive device, assistive devices, Braille, Customer service standards, customers, large print menus, online service, policies, practices and procedures, restaurants, standards
Posted in Accessibility Standards, Standard for Customer Service | 2 Comments »

Myths and misunderstandings regarding employees on leave

Thursday, December 1st, 2011

As more employees spend time on leaves of absence, employers seem to be struggling to understand their rights and obligations…

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Tags: accommodation, Costco, Disability, Disability benefits, disability insurance, disability management, downsizing, duty to accommodate, eligibility for disability benefits, employment law, frustration of contract, Leaves of absence, maternity leave, medical evidence, medical leave, ongoing absence, parental leave, pregnancy leave, Return to work, right-sizing, terminating employee on leave, termination, undue hardship, wrongful dismissal
Posted in Benefits, Employment Standards, Human Resources, Human Rights, Payroll | 3 Comments »

Emergency preparedness: New AODA rules for persons with disabilities

Tuesday, November 29th, 2011

Under the Integrated Accessibility Standards Regulations of the Accessibility for Ontarians with Disabilities Act (AODA), effective January 1, 2012, organizations in Ontario must provide and make available in an accessible format or with appropriate communication supports, information about emergency response plans or public safety to customers and employees with disabilities.

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Tags: Accessibility for Ontarians with Disabilities Act, accessible format, accommodation, AODA, communication supports, customer service, emergency preparedness, emergency response plan, employees with a disability, employment law, individualized workplace emergency response, Integrated Accessibility Standards Regulations, persons with disabilities, public safety information
Posted in Accessibility Standards, Health and Safety, Human Resources, Integrated Accessibility Regulation, Standard for Employment | 2 Comments »

It’s that time of year: Seasonal Affective Disorder hits some employees

Friday, November 4th, 2011

‘Tis the season for us to put away the lawn furniture and take apart the garden. The sunlight hours are decreasing and the plants around the house are turning brown. We are now faced with leaves on the ground, colder, damper weather, and soon, Christmas commercials. As we take out our winter coats and snow shovels, it is important to remember that this is the time that Seasonal Affective Disorder (SAD) can hit employees. What can employers do?

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Tags: accommodation, biological clock, causes, circadian rhythm, Disability, human rights commission, human rights legislation, prognosis, SAD, Seasonal Affective Disorder, supportive, symptoms, treatment
Posted in Human Resources, Human Rights | 2 Comments »

ATP holders not allowed to smoke medical marijuana in liquor licensed establishments

Tuesday, October 4th, 2011

Although it was clearly discriminatory on the prohibited ground of disability, the Ontario Human Rights Tribunal recently found it could not allow an applicant to smoke his medical marijuana in liquor-licensed establishments. This discrimination could be justified because…

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Tags: accommodation, ATP, Authorization to Possess Marijuana, chronic pain, Disability, discrimination, duty to accommodate, Liqor License Act, liquor license establishments, marijuana, medical marijuana, Ontario Human Rights Tribunal, prohibited ground of disability, Regulatoin 719, sidestream marijuana smoke, undue hardship
Posted in Human Resources, Human Rights | Make a Comment »

The Air Canada pilots’ mandatory retirement saga – will it end with the tribunal’s third decision?

Friday, August 26th, 2011

In July, the Canadian Human Rights Tribunal made its third decision in the case of two Air Canada pilots who challenged the airline’s mandatory retirement policy. The tribunal decided in favour of Air Canada. Then, in August, the tribunal decided in a similar case involving 70 other Air Canada pilots. The tribunal again decided in favour of the airline, but for different reasons. For those hoping the July decision would settle the matter once and for all, the August decision is sure to confuse matters.

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Tags: accommodation, Air Canada, Air Canada pilots, bona fide occupational requirement, Canadian Human Rights Tribunal, discrimination based on age, duty to accommodate, employment law, Federal Court, mandatory retirement, undue hardship
Posted in Human Resources, Human Rights, Union Relations | Comments Off

A closer look at the accessibility standard for employment under the AODA

Friday, June 10th, 2011

Now that the Integrated Accessibility Regulation under the Accessibility for Ontarians with Disabilities Act is now law and will come into force on July 1, 2011, let’s take a closer look at the accessibility standard for employment.

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Tags: Accessibility for Ontarians with Disabilities Act, accessibility needs due to disability, Accessibility standards, accommodation, career development, Career development and advancement, Disability, during employment, emergency response, employment standard, human rights code, job accommodations, job applicants, ontario, performance management, reassignment of employees, recruitment, redeployment, Return to work, selection process
Posted in Accessibility Standards, Human Resources, Human Rights, Recruiting and Hiring, Standard for Employment, Training and Development | 4 Comments »

Undue hardship – myth or reality? Learn the latest!

Monday, June 6th, 2011

Every employer has experience accommodating employees due to their religion, family needs, health or disability. Accommodation is a necessary practice to manage a workplace today, and it’s the law in Canada, enshrined in the Canadian Human Rights Act and various provincial statutes. But every case of accommodation is different, and interpretations of the law vary.

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Tags: accommodation, Allison Taylor, bona fide occupational requirement, Canadian Human Right Act, Disability, discrimination, duty to accommodate, employment law, family status, frustration of contract, Meiorin, Meiorin test, obligation to accommodate, Ontario Employment Law Conference, reasonable accommodation, religious beliefs, undue hardship
Posted in Conferences, Human Resources, Human Rights | Make a Comment »

Slaw: AODA era part IV: Employment standard

Wednesday, April 6th, 2011

The employment standard under the Accessibility for Ontarians with Disabilities Act (AODA) is found under part III in the Proposed Integrated Accessibility Regulation (PIAR), which is slated to become law around July 2011 (not confirmed). This standard requires an organization that is an employer to engage in the proactive identification, removal and prevention of barriers hindering the full participation in employment of persons with disabilities. It also requires…

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Tags: accessibility, Accessibility for Ontarians with Disabilities Act, accommodation, AODA, communication supports, Disability, disability awareness training, Employment accessibility standard, employment of persons with disabilities, employment standard, individual accommodation plans, information in accessible formats, policies and procedures, proposed integrated accessibility regulation, removal and prevention of barriers, Support of persons with disabilities
Posted in Accessibility Standards, Human Resources, Human Rights, Recruiting and Hiring, Standard for Employment | Make a Comment »

Family status – a ground of discrimination just like any other

Friday, February 4th, 2011

Some recent cases make the message to employers very clear: employers cannot minimize or ignore requests for accommodation on the basis of family status. The requests must be treated in the same way as requests for accommodation based on any other protected ground in the human rights legislation.

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Tags: accommodation, accommodation policy, Canadian Human Rights Tribunal, CNR, discrimination, duty to accommodate, employment law, family status, parental obligations, Relocation, termination, undue hardship, wilful or reckless conduct
Posted in Human Resources, Human Rights | Make a Comment »

An interesting story of how the employer did the right thing

Friday, November 19th, 2010

I recently read a case coming out of the Yukon where an employee accused his employer of discriminating against him based on the ground of mental disability, which was contrary to the Yukon Human Rights Act.

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Tags: accommodation, bipolar disorder, Disability, discipline, discrimination, duty to accommodate, employment law, flexible work arrangements, human rights act, Human Rights Board of Adjudication, inappropriate conduct, medical assessment, mental disability, paid sick leave, Yukon
Posted in Human Resources, Human Rights | Make a Comment »

Employers discussing employee medical condition with other employees

Wednesday, November 3rd, 2010

In general, an employer, manager, supervisor or HR professional discussing an employee’s medical condition with other employees is just plain inappropriate…

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Tags: accommodation, canadian employment law, confidentiality, Disability, Disclosing medical information, disclosure, discrimination, discussing an employee’s medical condition, duty to accommodate, employee medical condition, employment law, harassment
Posted in Human Resources, Human Rights, Privacy and Security | 1 Comment »

Employees with illness: walking the line between accommodation and discrimination

Tuesday, November 2nd, 2010

Dealing with chronically ill employees is always a challenge for HR managers. They are often faced with the conflicting requirements of fairness to the employee and maintaining the employer’s ability to get work done.

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Tags: accommodation, canadian employment law, Dealing with chronically ill employees, Disability, discrimination, duty to accommodate, Employees with illness, employment law, human rights tribunal, limitation of undue hardship, undue hardship
Posted in Human Resources, Human Rights | Make a Comment »

A broader view of workplace diversity

Thursday, September 23rd, 2010

Workplace diversity efforts often focus on employees’ gender, race and ability. The Canadian Institute of Chartered Accountants wants to broaden employers’ horizons and help them see the larger picture of diversity. “The concept of diversity encompasses factors including age, culture, personality, skill, training, educational background and life experience. The influence of a variety of perspectives and viewpoints can contribute to flexibility and creativity within organizations, which can help them thrive in a complex and competitive global economy.”

Is she suggesting organizations hire unskilled and inexperienced workers with poor personalities? Probably not.

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Tags: accommodation, business case for workplace diversity, CICA, corporate governance, Disability, discrimination, diversity, Diversity Briefing: Questions for Directors to Ask, duty to accommodate, Fiona Macfarlane, gender, innovation, race, racial diversity, racism, risk management, strategic planning, succession planning, The Canadian Institute of Chartered Accountants
Posted in Human Resources, Human Rights, Internal Controls, Recruiting and Hiring | Make a Comment »

Employees who hate working…a human rights issue?

Friday, May 28th, 2010

An employee who hates working and being managed by his or her supervisor – Can this become a human rights issue in the workplace? Well it depends!

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Tags: accommodation, confrontational employee, Disability, disability leave, disability management, employee leave of absence, employment law, hate working, Human Resources, human rights, human rights code, leave of absences, management rights, progressive discipline, termination, workplace behavioral problems, workplace stress
Posted in Human Resources, Human Rights | Make a Comment »

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      I agree with the court decision. Granting a full 52 weeks leave for an adoptive...

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      While there are many factors associated with depression, a main cause is the...

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      Thanks Chris. I would suggest that the confusion arises from the way damages were...



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