Political pressure for accessibility of federal workplaces starting to build

Fired bank employee blames theft on ADHD and gambling addiction but court throws out his discrimination case.

Violent, disruptive and insubordinate actions committed by employees who can’t control their temper are grounds for discipline. Or are they? Human rights law require employers to accommodate employees with “disabilities.” Do anger management issues constitute a “disability” requiring accommodations under the law? Here’s how an …

It’s often necessary to get personal information about your employees’ medical condition, e.g., to determine their eligibility for benefits or ability to perform job tasks when returning from injury. But personal privacy laws restrict the employer’s right to use, collect and disclose private health information about their employees.

Nova Scotia is joining Alberta, NT and Manitoba in banning employers from discriminating against transgender people.

Following the lead set by Ontario, on Dec. 2, the government created a panel to develop accessibility laws removing barriers faced by persons with disabilities in different aspects of life, including the workplace. The panel will hold public consultations and issue recommendations by early summer …

The Human Rights Tribunal ruled that firing an employee with bi-polar disorder for poor performance wasn’t disability discrimination because the employer didn’t know about her condition until after the termination. And because the employee had signed a valid release before her condition came to light, …

A heavy equipment operator suffering from mental depression filed a labour grievance against his employer for disability discrimination. With the arbitration pending, he also brought a similar complaint to the Human Rights Commission. The arbitrator ruled that the employer had cause to discipline the operator …

The Labour Board found just cause to fire a paramedic for absenteeism from multiple sclerosis since she would never return to work. But because the employer didn’t hold a formal termination meeting, the Board said the termination was null and void; and even though the …

A finance manager diagnosed with breast cancer 3 days after she got fired sued the company for disability discrimination. The Human Rights Commission investigated and concluded that the company didn’t know the manager was undergoing cancer testing when it issued the pink slip. So it …

It’s one of the most significant HR cases of the year—and a very favourable one for employers. But it probably won’t get much attention because the issue involved is so technical. That issue is the nasty little practice of workers’ comp “forum shopping,” or disability …

In a decision with major—and positive—ramifications for employers, the Supreme Court of Canada refused to let employees unhappy with their workers’ comp benefits pay-out bring essentially the same claim as a disability discrimination lawsuit in the Human Rights Tribunal. Human rights law shouldn’t be used …

The Office of the Employer Advisor recommended that employers read the findings of a study by Queen’s University on intermittent work capacity (IWC), which is episodic participation in the labour market and fluctuations over time in productivity. IWC is commonly experienced by individuals with disabilities …

OHS and human rights (and new Ontario accessibility) laws require you to prepare your workforce—including employees with disabilities—for workplace emergencies like fire, flood and earthquake. Here’s a summary of the 5 steps required:
Step 1: Assess Special Needs
Determine which of your employees have disabilities that compromise …