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What is the duty to accommodate?

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Accommodating disabilities in the canadian workplace dating groundwater Unfortunately, because the legal accommodating disabilities in the canadian workplace to accommodate necessitates an individualized approach there is no "one size fits thd formula. However, the process doesn't have to be painful. Understand the Legal Landscape Whether the disability is as a result of a workplace accident or a weekend football mishap - the duty to accommodate remains the same. There are four fundamental steps to accommodation. 1. Consider whether a disability exists.

As an invisible disability, it is often not possible to know that an employee has a learning disability unless they disclose it but given that 1 in 10 Canadians has a learning disability it is likely prevalent amongst many employees in the workplace. What are learning disabilities? Some common categories include organization and focus, social life, physical interaction, academics or processing integration, input, output etc. For example, an individual described as having a LD impacting organization and focus may have difficulties with executive functions and struggle with organizing and planning.

Negotiating Reasonable Accommodations

medical accommodation

These decisions confirm the broad remedial powers of human rights tribunals, illustrate the importance of a properly formulated disability management program, and emphasize the employer's duty to accommodate a disabled employee. Remedial Powers of Human Rights Tribunals In addition to an award for the loss of wages incurred as a result of a discriminatory action, a human rights tribunal has jurisdiction to award a complainant compensation for injury to their "dignity, feelings, and self-respect". These awards are not meant to punish the respondent, but are meant to address the effect of the discrimination on the individual complainant. In 1992, this legislation was amended and the limit was removed. Awards for injury to dignity have steadily increased since that time.



accommodating disabilities in the workplace

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duty to accommodate canada

The federal and provincial governments strive to protect the rights of those with disabilities in Canada. Yet, to this day, there is no comprehensive Canada-wide legislation regarding disabilities. There are, however, federal statutes, provincial acts and codes and Supreme Court decisions designed to protect disability rights. Included here is a brief overview of the legislation and case law regarding disability rights in the Canadian workplace. General Protections Throughout Canada, intentional discrimination by employers is forbidden.

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