2. This could be a violation of her rights under the Code. Doing so states a commitment to incorporating diversity into the workplace or in the delivery of services. After coming back from a disability-related leave, he returned to modified duties. Requirements should not be based on blanket assumptions that just because someone has a psychosocial disability, he or she must seek treatment, or a particular kind of treatment. Otherwise, people with mental health disabilities or addictions may be denied equal opportunity to housing, services or employment. In cases of misconduct, a person with a psychosocial disability would have to show a causal relationship between the misconduct and a psychosocial disability to engage the Code’s protection; Fleming v. North Bay (City), 2010 HRTO 355 (CanLII), Walton Enterprises v. Lombardi, 2013 ONSC 4218 (CanLII). Upon learning that a medical issue exists, the employer offers assistance and accommodation. The store owner asks the person to leave, and the person states that his dog is a service animal. The duty to accommodate people with disabilities means accommodation must be provided in a way that most respects the dignity of the person, if doing so does not cause undue hardship. The employer accepts this information in good faith and provides flexible hours on those days as an accommodation. An employer is unaware of an employee's drug addiction but perceives that a disability might exist due to noticeable changes in his behaviour. Employers have a duty to accommodate the needs of their employees to ensure they have equal opportunities for, access to, and benefits from employment. [194] See Dawson v. Canada Post Corp., supra, note 36 at paras. Inq.). The person declines. In its approach to assessing and accommodating employees who are experiencing difficulty doing their work, it focuses on the employee’s behaviours at work, and asks “What can I do to make sure you are successful at work?” It also identifies that accommodation is available, if needed. It would be unfair to exclude someone from the workplace or activities in the workplace because their Code-protected needs are different from the majority. the type of accommodation(s) that may be needed to allow the person to fulfill the essential duties or requirements of the job, of being a tenant, or of being a service user. The worker and employer should then create the individual accommodation plan, which should state: The plan should also list tasks the worker performs differently, such as: The plan should include all job functions involving those tasks, such as: The plan must list accommodations that would allow the worker to perform each function, such as: The plan should then outline strategies for these accommodations, such as having: Actions needed to implement these strategies, such as: A number of people are responsible for these actions, such as: Lastly, the following other information may also be included in the plan: Any documents relating to this information, such as a copy of an emergency response plan or a copy of the accommodation plan in an accessible format, should be attached to the plan. Where there is a demonstrable objective reason to question the legitimacy of the person’s request for accommodation. Human dignity encompasses individual self-respect, self-worth and inherent worth as a human being. [213] See Krieger, ibid. The small projects component of the program offers grants of up to $100,000 per project. The claimant did not disclose enough information to enable her employer to fulfill its duty to accommodate, and the Tribunal found that her refusal to disclose her disability was fatal to her claim. Based on criteria of individual grants offered, organizations may apply for funding to construct, renovate, or retrofit buildings, or to install technology. No person will be penalized for making an accommodation request. There may be greater expectations on organizations that have a care-taking responsibility to a person (compared to other organizations that are more peripheral to people’s lives) to arrange treatment for the person as a form of accommodation, providing the person agrees to this. The person with a disability is required to: The accommodation provider is required to: Although the person seeking accommodation has a duty to assist in securing appropriate accommodation that will meet their needs, they are not responsible for originating a solution[201] or leading the accommodation process. As well, the case found that if a person becomes incompetent, his or her prior wishes about treatment that were expressed while he or she was competent cannot be overridden. Organizations are not expected to diagnose illness or “second-guess” the health status of an employee. [181], The Supreme Court of Canada has set out a framework for examining whether the duty to accommodate has been met. He works out an accommodation plan with his employer that allows him to collect his dose every day at a pharmacy during work hours and visit his doctor several times a week, provided he makes up the time at work. when it based its decision to place the employee in a lower-paying position on its belief about the applicant’s ability to perform in the workplace, and continued to refuse to provide full-time work, even though this was supported by the employee’s doctor. [245] Adapted from Open Society Foundations, Harm Reduction at Work, A Guide for Organizations Employing People Who Use Drugs, December 2010, pp. [215] In Morris v. British Columbia Railway Co. (2003), 46 C.H.R.R. Example: An employee experienced depression and anxiety. John has bipolar disorder. It is a landlord, not a direct provider of social work services, but it must assist tenants to identify, locate and contact appropriate support services.” The Honourable Patrick J. Lesage, Report on the eviction of Al Gosling and the Eviction Prevention Policy of Toronto Community Housing Corporation. A large employer establishes a disability management program, because it finds that a significant number of employees experience mental health disabilities at some point in their working lives. The person declines. [220] Similarly, an organization must not ask for more confidential medical information than necessary because it doubts the person’s disclosure of their disability based on its own impressionistic view of what a mental health disability or addiction disability should “look like.”[221]. In any case, it is important that the accommodation process, as well as the accommodation itself, be effective and respect the dignity of accommodation seekers. [173] It has affirmed that standards should be designed to reflect all members of society, to the extent that this is reasonably possible. He works out an accommodation plan with his employer that allows him to collect his dose every day at a pharmacy during work hours and visit his doctor several times a week, provided he makes up the time at work. Unless this condition can be shown to be a, requirement of providing testing accommodation, this likely infringes her rights under the, A person with schizophrenia lived in shared accommodation, provided by a mental health agency. 67. Accommodation requests should, whenever possible, be made in writing. 216 and 219. Example: John has bipolar disorder. In one case, a tribunal found that an organization had discriminated when it failed to provide a stress leave to an employee with anxiety and depression, and instead required him to either retire or transfer to another province (despite the negative impact that the transfer would have had on his family situation and possibly on his mental health).
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