Workplace Accommodation Has Limits

July 14th, 2016

In Pourasadi v Bentley Leathers Inc., the Human Rights Tribunal found that accommodating a store manager by permitting the employee not to assist customers was not required, since assisting customers was an essential duty of her position. Many are familiar with the concept of an employer’s duty to accommodate disabled employees under Ontario’s Human Rights […]

High cost of university and hospital providing interpre …

June 14th, 2016

By Michelle Stephenson In Dunkley v. UBC and Providence Health Care (St. Paul’s Hospital), the British Columbia Human Rights Tribunal recently found that a deaf medical student had been discriminated against when she had not been provided with sign language interpreting services, and had been forced to withdraw from her residency program as a result. […]

Human Rights Tribunal Finds Miscarriage Constitutes Dis …

May 17th, 2016

By Michelle Stephenson A recent interim decision of the Ontario Human Rights Tribunal addressed whether a miscarriage could constitute a disability for the purposes of human rights legislation. In Mou v. MHPM Project Leaders, the applicant alleged that her employer had discriminated against her with respect to disability, contrary to the Human Rights Code. She […]

Employer’s failure to make inquiries and accommodate …

April 27th, 2016

By Michelle Stephenson In Emra v. Impression Bridal Inc., an employee, KE, filed a complaint with the Ontario Human Rights Tribunal after he was dismissed by his employer. He alleged that, contrary to the Ontario Human Rights Code, he was dismissed as a result of his anxiety disorder. KE had been diagnosed with generalized anxiety […]

Duelling Accommodation: How To Balance the Rights of Di …

March 9th, 2016

It is well-settled law that service providers cannot discriminate against customers and that they must provide reasonable accommodation to customers who have a disability. However, a novel question arises when both the service provider and the customer suffer from a disability, and the service provider is unable to accommodate the customer due to their own […]

Causal connection required for termination to constitut …

November 3rd, 2015

By Michelle Stephenson In Unifor Local 199 v. Complex Services Inc., an employee’s union grieved his dismissal on the basis that the theft precipitating it was due to his addiction to narcotics. The employee, Mr. Hennessy, had been employed as a security guard at a casino for approximately 10 years. In April 2014 he stole […]

Disability in the Workplace

July 15th, 2015

Disability in the Workplace Disability in the Workplace & Disability Discrimination in Toronto In this video, Marty Rabinovitch, a Toronto employment lawyer talks about disability in the workplace and disability discrimination in Toronto for human resources professionals. This video focuses in on what employers should do when an employee advises the employer of a medical […]

Social Services and ODSP benefits for the Injured and D …

March 20th, 2015

I am a personal injury lawyer in Toronto who has represented thousands of injured and disabled persons throughout Ontario for almost 25 years now. In my experience the social system is barbaric and unnecessarily disheartening for those people who have no alternative but to turn to social help to survive. Typically, injured accident victims move […]

A Doctor’s Note Doesn’t Mean A Successful Human Rig …

January 13th, 2015

When I was in high school and university, it was not uncommon for a few of my classmates to fall ill during exams or just prior to a major test. When explaining to the teacher the next day why they were not present to write the test, one of the more common responses from the […]

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