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Ontario Employer Advisor Keeping Employers Advised on Developments in Labour and Employment Law

Category Archives: Disability

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Federal Accessibility Legislation in the Works

Posted in Accessibility, Accommodation, Accommodation, Disability, Federally Regulated Employers, Human Rights

 

 

The Federal Government has recently commenced a nationwide consultation process with Canadians to inform the development of federal accessibility legislation.  Specifically, the government is seeking input on the following:

  • feedback on the overall goal and approach;
  • to whom would apply;
  • what accessibility issues and barriers it could address;
  • how it could be monitored and enforced; and
  • what else the Government of Canada could do to improve accessibility.

Thus far, there is limited opportunity for public oral consultation.  Brief in-person sessions are taking place in 18 cities across Canada.  These sessions began in September and will continue through to … Continue Reading

The Ongoing Pursuit of Accessibility in Ontario – Amendments to the AODA Effective July 1, 2016

Posted in Accessibility, Accommodation, Accommodation, Disability, Human Rights

Ontario’s commitment to promoting and advancing accessibility for persons with disabilities is continuing, with amendments to the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) scheduled to become effective on July 1, 2016.

Under the current legislation, the requirements for employers and businesses operating in Ontario are split between O. Reg. 429/07 – Accessibility Standards for Customer Service and O. Reg. 191/11 – Integrated Accessibility Standards (Information and Communication, Employment, Transportation and Design of Public Spaces). Effective July 1st, these two regulations will be consolidated into a single Integrated Accessibility Standards regulation through amendments contained in O. Reg. … Continue Reading

It’s in our DNA: Bill S-201 and Genetic Discrimination

Posted in Accommodation, Accommodation, Disability, Discrimination, Federally Regulated Employers, Human Rights, Privacy, US vs. Canadian Employment Law

When dealing with requests for accommodation, employee absenteeism and other medical circumstances, employers are routinely faced with the challenge of balancing employee privacy interests against the operational interests of the business when determining how much medical information and what kind of medical information employers can request.  The analysis typically centres on the issue of what is reasonable in the circumstances, with diagnostic information being considered to be a clear delineation point as to what employers may request and not request.  At the Canadian Senate in January, the question of the protection personal health information took on a new angle, centering … Continue Reading

Sorry but I can’t help you with your purchase, I’m being accommodated by my employer

Posted in Accommodation, Disability, Discrimination, Human Rights, Retail

It is part and parcel of a retail employee’s job to interact with customers and assist them in making purchases.  However, if an employee with a disability/injury has trouble in performing this essential duty, how far must the employer go in accommodating that employee?

A recent Human Rights Tribunal decision dealt with an interesting accommodation request by an employee with a wrist injury.  That employee requested that she should be allowed to tell customers (when working alone) that they had to return to the store at a later date so they could be assisted by another employee who did not … Continue Reading