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Physical disability

By McCarthy Tétrault LLP | 3 Minutes Read May 2, 2017

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.

Article by McCarthy Tétrault LLP / Employee Relations, Human Rights, Payroll, Union Relations / benefit plan, Canadian Elevator Industry Welfare Trust Plan, Disability, employment law, medical marijuana, mental disability, Physical disability, Skinner v. Board of Trustees of the Canadian Elevator Industry Welfare Trust Fund

By Cristina Lavecchia | 4 Minutes Read August 29, 2016

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.

Article by Cristina Lavecchia / Employee Relations, Employment Standards, Health and Safety, Human Rights / BFOR, bona fide occupational requirement, duty to accommodate, employee termination, employment law, human rights code, marijuana policy, marijuana smoking on the job, Physical disability, prima facie case of discrimination, s. 27(1)(c) Human Rights Code, termination, undue hardship, use of drugs by an employee, workplace accommodation, Workplace discrimination, workplace dismissal

By Alison J. Bird | 4 Minutes Read August 10, 2015

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.

Article by Alison J. Bird / Employee Relations, Human Rights, Payroll, Union Relations / bona fide occupational requirement, duty to accommodate, employment law, human rights act, human rights commission, human rights legislation, LeFrense v IBM Canada Ltd, Nova Scotia Human Rights Board of Inquiry, Physical disability, point of undue hardship, prohibited ground of discrimination

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