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Disability

Disability and termination under the Human Rights Code

Under the Ontario’s Human Rights Code (the Code), an employee cannot be terminated due to a disability. If the Human Rights Tribunal finds that the termination was based in part or in whole on a disability, this may be considered a breach of the Code. The matter was addressed in one of the first Tribunal decisions of 2017, Ben Saad v. 1544982 Ontario Inc.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Employers seeking to change an employee’s terms and conditions of employment; OHRC guidelines on medical information and disability-related accommodation; CRA Income Tax Folio S4-F2-C2, Business Use of Home Expenses.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Whether an employee may deduct the cost of a basic cellular service plan; just cause to fire an employee for forging signatures on sick notes; and employer violation of health and safety legislation after failing to take precautions after employee complaint.

 

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Accommodation and when employees don’t engage in the process

The Human Rights Tribunal of Ontario (HRTO) released a very important development on family status discrimination, in a case that intersects with disability accommodation law. In Misetich v Value Village Stores, the tribunal reviewed the caselaw, including the Federal Court of Appeal’s Johnstone case, and clarified its test for accommodating family status requests in the workplace.

 

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Disability as a variable – A new optic

Looking at an Ontario Human Rights Commission discussion paper released in 2001, the aspects that make what is called intersectionality so appealing to a modern view of identity is that it does not pigeon hole a person as being represented by a sole code ground, or identity that is legally protected against discrimination.

 

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Medical documentation request after employee illness

Is an employer’s request for medical documentation after an employee’s illness in keeping with the Human Rights Code (“Code”)? The following case examines whether or not it is a breach of the Code for an employer to request medical documentation as a condition of returning an employee to work.

 

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Definition of disability and the Ontario Human Rights Commission

When creating policies that make statements about accessibility, attempts should be made to view disability as a social system instead of a schedule of impairments in order to align an organization’s forward movement with principles of Human Rights. Also, the time is long past due for an evaluation of how intersecting identities can create unique accessibility and accommodation needs.

 

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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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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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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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Accommodation of childcare

In the following case, a breach of human rights legislation was found where the employer refused to allow the employee to have the summer off in order to look after her autistic child.

 

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Human Rights Tribunal finds miscarriage constitutes disability

A recent interim decision of the Ontario Human Rights Tribunal addressed whether a miscarriage could constitute a disability for the purposes of human rights legislation.

 

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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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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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Manitoba customer service accessibility standard

The Manitoba Customer Service Accessibility Standard (CSAS) under the Accessibility for Manitobans Act (AMA) comes into effect November 1, 2015. The CSAS requires all of Manitoba’s public, private and non-profit organizations with one or more employees that provide goods or services directly to the public or to another organization in Manitoba, to establish and implement measures, policies and practices to remove barriers to access to the goods or services it provides.

 

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