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point of undue hardship

Workplace accommodation has limits

In Pourasadi v Bentley Leathers Inc., the Human Rights Tribunal found that accommodating a store manager by permitting the employee not to assist customers was not required, since assisting customers was an essential duty of her position.

 

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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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Accommodation of family status

A recent decision of the Ontario Human Rights Tribunal provides a timely reminder of two important points in the context of accommodation of employees…

 

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Dealing with a disability leave

What can an employer do when an employee has been off work for a significant period of time due to a disability (illness or injury)? How long must the employee remain employed with the employer under human rights law? These are questions often asked by employers and human resources professionals.

 

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