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

Marijuana in the Workplace

Marijuana in the Workplace The use of medical marijuana in an employment setting raises a conflict between the employee’s right to be protected from actions taken due to a medical condition and/or disability and the employer’s right and, indeed, its obligation to ensure a safe workplace to its staff. Medical Disability Human rights law has […]

Read More