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150 pages
1 volume bound

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CLV Special Report - Disability and Human Rights in the Workplace
By: Adelyn Bowland, B.A., LL.B., LL.M.
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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.
About the Author
Adelyn Bowland, B.A., LL.B., LL.M., is a human rights mediator in Toronto. Called to the Ontario Bar in 1980, she has worked in human rights and related areas for more than 20 years. She is the author and editor of Carswell’s Annotated Ontario Human Rights Code and the author of CLV Special Report - Disability and Human Rights in the Workplace.
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