What is the employer's duty to accommodate an employee whose job is affected by one of its rules?
Canada (Federal), Canada
The following excerpt is from Cyr v. Parks Canada Agency, 2016 PSLREB 111 (CanLII):
63 Likewise, the employer’s duty to accommodate an employee whose job is affected by one of its rules, which creates a distinction based on a prohibited ground, derives from the CHRA and has been recognized in the jurisprudence since Ontario Human Rights Commission v. Simpsons-Sears, 1985 CanLII 18 (SCC), [1985] 2 S.C.R. 536 (“O’Malley”). In this case, the employer never denied its duty to offer the grievor accommodation. His criticism is that it took too long to implement.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does an employer need to make clear to employees that the employer will have the final determination of employee benefits decisions? (MultiRegion, United States of America)
Can an employer discriminate against an employee who is adversely affected by an adverse employment decision? (MultiRegion, United States of America)
Is an employer required to be aware of an employee's need for accommodation prior to the employer's consideration? (MultiRegion, United States of America)
Can an employer refuse to reemploy an employee on the basis that another employee was hired to fill the position during the employee's absence? (MultiRegion, United States of America)
Does Section 6672 of the Federal Tax Code require an employer to withhold withholding from an employee, even if the employer pays withholding taxes to the employee? (MultiRegion, United States of America)
Does a Minister of Justice have to comply with Rule 18 of the Rules of Procedure, or is it a breach of procedural fairness if the Minister of Citizenship and Immigration refuses to forgoing Rule 18? (Canada (Federal), Canada)
Does the difference between the employer and the employee when it comes to determining whether the advantage accrued primarily to the employer or the worker? (Canada (Federal), Canada)
Can an employee be dismissed from a new employment if they knew of their misconduct while working for the employer? (Canada (Federal), Canada)
Does an employer have to act proactively and engage with an interactive process to accommodate an employee with a disability? (MultiRegion, United States of America)
Does an employer have to consult with an employee about an accommodation plan? (Canada (Federal), Canada)
