Showing posts with label Duty to Accommodate. Show all posts
Showing posts with label Duty to Accommodate. Show all posts

Saturday 11 May 2013

Is Obesity a “Disability” Under the Ontario Human Rights Code?


Is obesity a “disability” under the Ontario Human Rights Code? This question emerged as a result of an e-card image that was posted on Facebook earlier this week. As one can see from the image below, the perception of the woman portrayed is that she cannot become a stripper on account of the fact she perceives herself to be fat and unable to dance.

Saturday 9 February 2013

Employers Must Accommodate Parents - What It Means

On January 31st, 2013, a Federal Court judge affirmed a 2010 ruling of the Canadian Human Rights Tribunal that said that employers have a duty to accommodate “childcare obligations” as a component of their duty to accommodate an employee’s “family status.” On May 2, 2014, the Federal Court of Appeal varied the Federal Court’s ruling slightly, but for reasons immaterial to this post. In all other respects the court upheld the decision in favour of Ms. Johnstone.

The facts of the case and the courts’ decisions have left many Canadians, both employees and employers, asking questions about what the decision means for them.

Tuesday 1 January 2013

School District Learns Lesson in Accommodation

The duty to accommodate can be one of the most frustrating and confusing issues for employers. The Supreme Court of Canada’s recent decision, Moore v. British Columbia (Education), 2012 SCC 61 (CanLII) offers some guidance on scope of the duty to accommodate, particularly where that accommodation comes at a significant cost.