Duty to Accommodate

News & Analysis as of

Transgender Student Restroom Assignment Revisited

You may recall my colleague Zachary Schurin’s recent discussion of Doe V. Regional School Unit 26. In that matter, the Maine Supreme Court determined that the defendant school district’s requirement that a transgender...more

The Accommodation Doctrine Revisited: A Question of "Fairness to Both Parties"

As Texas holds tight to its position as the nation's number one oil and natural gas producing state, the Texas Supreme Court's decision to revisit the over forty-year-old accommodation doctrine, which requires oil and gas...more

“Ten Times The Effort” To Manage Employee’s Absenteeism, Addictions: Dismissal Upheld

An employee with a long history of substance abuse issues and absenteeism was properly dismissed after he attended at work while impaired, an Ontario arbitrator has decided....more

The Duty to Accommodate Family Status (and Potentially Lifestyle Choices Too)

In an update last October (Accommodating Family Status – Needs vs. Preferences) we advised you that the Ontario Human Rights Tribunal established a new test for an employer’s duty to accommodate on the basis of family status...more

Update on Family Status Accommodation: Federal Court Finds that Childcare Not a "Choice"

The Federal Court of Canada has upheld a decision of the Canadian Human Rights Tribunal which found that employers have a duty to accommodate an employee’s childcare obligations in certain circumstances on the basis of...more

R v Hall; R v Vaughan-Evans; R v Kelly

Duty to Accommodate in Policing: A Comparative Look at the Decisions of Hall, Kelly, and Vaughan-Evans

Duty to Accommodate in Policing in Relation to Drug Use/Addition of Police Officers. A Comparative Look at the Decisions of Hall, Kelly, and Vaughan-Evans....more

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