News & Analysis as of

Reasonable Accommodation Disability Discrimination Canada

Holland & Hart - Employers' Lawyers

What Can Employers Do When Employee Threats Are Related To a Disability?

The Americans with Disabilities Act (the “ADA”) generally prohibits employers from taking adverse employment actions against an employee because of the employee’s disability. To challenge an employment action under the ADA, a...more

U.S. Equal Employment Opportunity Commission...

Updated EEOC Resource Explains ADA Requirements for Individuals with Hearing Disabilities in the Workplace

Includes Information on Discrimination Against Job Applicants - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today released an updated resource document, “Hearing Disabilities in the Workplace and...more

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Alberta, Canada Human Rights Tribunal Reminds Employees They Have Duties in the Workplace Accommodation Process

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In Zupcic v Saputo Foods Limited, 2022 AHRC 13 (Saputo), the Human Rights Tribunal of Alberta (Tribunal) dismissed an employee’s complaint that that she was discriminated against in employment on the ground of her physical...more

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Human Rights Tribunal of Ontario, Canada Provides Employers with Roadmap for Responding to Requests for Exemptions from...

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In Sharma v. Toronto (City), 2020 HRTO 949, the Human Rights Tribunal of Ontario (HRTO) provides a roadmap for how employers should determine whether they are required to accommodate employees and customers who seek...more

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Canada: Newfoundland and Labrador Court Holds Employers Must Conduct Individualized Assessments of Whether Medical Cannabis Users...

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On June 4, 2020, in International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., 2020 NLCA 20 (“International Brotherhood”), the Court of Appeal of...more

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Ontario, Canada: Arbitrator Reinstates Nurse who Misappropriated Narcotics from Patients for Her Own Use and Falsified Records to...

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Earlier this year, a labour arbitrator rendered a decision in Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurse’s Association, 2019 CanLII 43 (ON LA), that sends a clear warning to employers in Ontario about...more

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Littler Global Guide - Canada - Q1 2019

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Among other things, the Fair Workplaces Better Jobs Act, 2017 (Bill 148) significantly amended Ontario's Employment Standards Act, 2000 (ESA). Most of Bill 148’s ESA amendments came into force in 2018, with the remainder to...more

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Newfoundland and Labrador, Canada: Court Affirms that Inability to Measure Impairment Caused by Medical Cannabis Can Constitute an...

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The Supreme Court of Newfoundland and Labrador rendered a welcome decision in February for employers across Canada that have been struggling to balance their obligations under occupational health and safety and human rights...more

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Canada: Ontario Human Rights Commission Releases Policy Statement on Medical Documentation and Disability-Related Accommodation...

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On February 1, 2017, the Ontario Human Rights Commission (the “Commission”) released a new policy statement on medical documentation and disability-related accommodation requests. Under the Ontario Human Rights Code (the...more

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