CLV Special Report - Disability and Human Rights in the Workplace

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The purpose of this Special Report is to explain the human rights obligations of Canadian employers, employees and unions in dealing with disability in the workplace with respect to hiring, during employment and at dismissal. While there are overlaps with legislation governing workers compensation, employment standards and health and safety, human rights law must be followed. This Special Report emphasizes a practical approach and each chapter is summarized to highlight the main action points. It also contains abridged versions of applicable human rights commission policies for each jurisdiction. Know your options and be aware of alternative approaches to situations involving potential human rights complaints. Avoid legal complications - human rights complaints, unjust dismissal suits, grievance filings and arbitrations. Table of Contents 1 Introduction 2 Reasonable accommodation and undue hardship Cost Size of business Morale of co-workers Rights of co-workers Health and safety Contracts Disruption of operations How much hardship is undue? 3 Disability defined Generally List of conditions Diagnosed cause Not just resent disability Mental disability Summary 4 The Duty of the Employee, Employer and Union Hiring On the job Request for accommodation Review of options Summary 5 Medical Issues Pre-employment medical exams and testing Disclosure of diagnosis and treatment Medical opinions Summary 6 Suitable Alternative Employment Return to work Part time work Temporary reassignment Assumption of risk Training Seniority Collective agreement Wages and benefits Efficiency Summary 7 Absence from Work Benefits Monetary Non-monetary Length of absence Long term Intermittent Last chance agreements Collective agreement Temporary replacement Summary 8 Reasonable Accommodation and Substance Abuse Pre-employment Disclosure Testing On the job Disclosure Testing Use or possession Accommodating substance abuse Last chance agreements Duty of the employer and the employee Assessing undue hardship Summary 9 Discharge Last chance agreement Absence from work Collective agreement Summary 10 Conclusion Appendix A List of Human Rights Statutes Appendix B Abridged Human Rights Commission Policies Appendix C List of Human Rights Commission Publications Relating to Disability.


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Labor and Employment Law


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