Human Resources 101

Canadian human rights law requires employers to accommodate diversity in the workplace. While the principle of accommodation applies to all grounds protected by human rights legislation, it is most commonly applied to the area employees with disabilities.

Connie Reeve of Blake, Cassels & Graydon LLP has written a article outlining employer obligations to disabled employees.

What are the practical and legal considerations in an employer’s obligation to accommodate people with disability to the point of undue hardship? Canadian human rights legislation prohibits employers from discriminating against individuals based on disability, which is broadly defined in the legislation to include physical and mental impairment.

Employers, however, frequently have questions about their obligation to accommodate people with disability, as the law has developed, “to the point of undue hardship.” It is important for employers to understand some practical considerations in dealing with disabled employees, the legal restrictions on terminating a disabled employee, and considerations for disabled employees in the context of a corporate transaction.

She outlines 6 practical considerations employers need to keep in mind when dealing with duty to accommodate.

1. Make sure you ask for and receive the information you need to evaluate any accommodation needs.
2. Don’t dismiss a disability because of lack of understanding.
3. Assess accommodation individually for each employee with a disability.
4. Assist in the application process for short or long-term disability insurance.
5. Review your attendance management program.
6. Accommodation includes a requirement to re-employ employees absent from work due to a disability if they can fulfil the essential duties of their pre-disability job with reasonable accommodation.

In addition, she looks at the termination of disabled employees and the responsibilities of a new employer in the case of a share transaction.

Read the entire article at Mondaq: Blake, Cassels & Graydon LLP – Canada – Employer Obligations To Disabled Employees