Physical disability

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

May 2, 2017 Employer Advisor, McCarthy Tétrault LLP HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations

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.

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

Employee unable to show dismissal was discriminatory

August 29, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development

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.

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

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

August 10, 2015 Alison J. Bird Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations

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.

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

Three of the most popular articles this week on HRinfodesk

April 17, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

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

accommodation process, accommodation request, assumptions about employee disability, British Columbia Human Rights Tribunal, Canadian Human Rights Tribunal, Disability, duty to accommodate, employee disability, employment law, en’s Day, gender-exclusive event, HRinfodesk, Ontario Human Rights Tribunal, Physical disability, retaliation, return her to work, time off work

Why website accessibility matters

June 20, 2012 Suzanne Cohen Share Accessibility Standards, Human Resources, Human Rights, Integrated Accessibility Regulation, Standard for Customer Service, Standard for Information and Communications

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.

Accessibility for Ontarians with Disabilities Act, Accessible websites, AODA, blindness, canadian charter of rights and freedoms, Disability, discrimination, Donna Jodhan, equal access to online information, Integrated Accessibility Standards Regulation, ontario, Physical disability, visual impairments, web accessibility, Web Content Accessibility Guidelines, website accessibility

Weight a factor in employment decisions

March 5, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Wages and Compensation

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.

BFOR, bona fide occupational requirement, discrimination, employment, employment contract, employment law, employment related decisions, fixed-term contract, height and weight requirement, hiring, overweight, Physical appearance, Physical disability, promoting or rewarding employees, psychological harassment, Quebec Human Rights Commission

Duty to accommodate disability case sent back to Human Rights Tribunal

September 16, 2011 Christina Catenacci Human Resources, Human Rights

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.

accessibility, accommodation process, assistive devices, assistive technologies, BFOR, Disability, discrimination, duty to accommodate, employment law, human rights tribunal, multiple schlerosis, paramedic, Physical disability, resonably accommodated employee, Supreme Court of British Columbia, undue hardship

Withdrawing arrangement to accommodate disability a bad and expensive idea

June 17, 2011 Christina Catenacci Human Resources, Human Rights

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.

accommodate disability, accommodating the employee due to a physical disability, discrimination on the ground of disability, employment law, environmental hypersensitivity, environmental sensitivities, environmental sensitivity, harassment, Physical disability, sick building syndrome, telecommuting, telecommuting arrangement

Judge orders federal government to make websites accessible to the blind

December 1, 2010 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Human Resources, Human Rights, Standard for Customer Service, Standard for Information and Communications

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.

Accessibility for Ontarians with Disabilities Act, accessibility ruling, Accessibility standards, AODA, canadian charter of rights and freedoms, CLF 1.0 Standard, customer service standard, Donna Jodhan v. Attorney General of Canada, Physical disability, reasonable accommodation, screen reader, special-needs business consultant, The Internet accessibility standards, visually impaired, Web Content Accessibility Guidelines 1.0 (WCAG 1.0), websites accessible to the blind, World Wide Web Consortium