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Physical disability

Denial of coverage for medical marijuana under employee benefit plan found to be discriminatory

The Nova Scotia Human Rights Commission Board found the Trustees’ justifications for denying an employee’s request for coverage to be “wholly inadequate.” The Plan provided coverage for “reasonable and customary charges incurred for medically necessary drugs and medicines” obtained legally by prescription, and did not require a DIN as a condition of coverage.

 

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Employee unable to show dismissal was discriminatory

The British Columbia Human Rights Tribunal recently denied an employee’s complaint alleging that his employer discriminated against him on the basis of a physical disability. The Tribunal denied the employee’s complaint because there was no link between the employee’s alleged chronic pain and his use of marijuana.

 

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The duty to accommodate: When is the point of undue hardship reached?

Under human rights legislation, employers have a duty to accommodate an employee’s needs related to a prohibited ground of discrimination to the point of undue hardship. It can often be difficult for employers and their legal counsel to assess when the point of undue hardship is reached.

 

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Three of the most popular articles this week on HRinfodesk

Three of the most popular articles this week on HRinfodesk deal with three accommodation on the ground of disability.cases badly handled by employers.

 

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Why website accessibility matters

website accessibility

The Federal Court of Appeal has upheld a legally blind woman’s 2010 legal victory over the federal government, ordering the government to make its websites accessible to blind persons. It may not be a case under the Accessibility for Ontarians with Disabilities Act, but it does show us how website accessibility matters and has an impact on promoting accessibility for persons with disabilities.

 

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Weight a factor in employment decisions

In a recent HRinfodesk poll, we asked our readers if a person’s weight had ever influenced their decision on whether to hire, promote or reward the person. The reason I was so interested in the topic is that a Quebec lawyer recently sued her former law firm because she believes the firm discriminated against her in employment because she was overweight.

 

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Duty to accommodate disability case sent back to Human Rights Tribunal

The tribunal that decided the case of alleged discrimination against a part-time paramedic with multiple sclerosis who was shifted to a part-time ambulance driver position (at the paramedic’s pay rate) left some loose ends, according to the Supreme Court of British Columbia. The Court sent the case back to the tribunal to decide if the employer reasonably accommodated the employee, even though he was not able to perform important paramedic duties.

 

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Withdrawing arrangement to accommodate disability a bad and expensive idea

I recently read an excellent case that sends a strong message to employers who attempt to abruptly change telecommuting arrangements, especially in the case where the employer had been previously accommodating the employee due to a physical disability. Simply put, it is a really bad idea, one that could cost at least $18,000.

 

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Judge orders federal government to make websites accessible to the blind

In Donna Jodhan v. Attorney General of Canada, a recent significant accessibility ruling, a Federal Court judge has ordered Ottawa to make all of the government websites accessible to the blind within 15 months.

 

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