Cognitive Disabilities & the Duty to Accommodate

Human rights law requires an employer to accommodate an employee with a disability. It is very clear that disability includes a mental disability as well as physical. Does this then raise the issue as to what exactly is such a disability? Generally speaking, most physical impediments are quite evident and are typically accompanied by a […]

Read More

Sexual Addiction and Disability in Employment Law

The basis of establishing a disability clearly may include physical and/or emotional issues. The definition of what may or may not be considered a disability in an employment context is ever-evolving within Canadian employment law. Basics of the Theory One recent case out of Nova Scotia considered whether a person claiming an addiction to sex […]

Read More

Medical Disability and Termination Claims

The issue of a medical issue and termination is regrettably complicated. It is clear that an employer cannot terminate due to the disability as this will be seen as a human rights violation and expose the company to serious liability. The employer also has a duty to accommodate the medical disability to allow for a […]

Read More

The Duty to Accommodate a Medical Disability

Accommodation under Human Rights Law The issue of accommodation is a cornerstone of human rights law. Although its application is often applied to disability issues in the workplace, this duty to accommodate applies to all human rights issues. Duty to Accommodate to the Point of Undue Hardship Take for example a job advertisement which states […]

Read More