Accommodation under the “Code” is a bridge where both parties must meet. What happens if a reasonable effort is not made on the part of the applicant?
duty to accommodate an employee with a disability
The applicant, Michele Macan, filed a human rights application alleging discrimination with respect to employment due to disability. The respondent, Stongco Limited Partnership, rejected the allegations, instead submitting that the applicant’s disability was “not a reason, a factor, or even considered in its decision to terminate the applicant”.
The respondent alleged that her termination was a result of a restructuring within the applicant’s department. The hearing was held over the course of 3 days.
Prior to the applicant being hired, the applicant had been diagnosed with a chronic medical condition which required frequent time off from work. At the time of her termination, the applicant had worked with the respondent for approximately 3 years. The applicant testified that due to her disability, she was required to attend a series of medical appointments during the workday.
During a meeting in late September of 2010, the respondent was called into … Continue reading “No “give and take” required by employee in accommodation under the Human Rights Code”