DISABILITY — REASONABLE ACCOMMODATION — EMPLOYMENT EVALUATION AND TESTING — EVIDENCE — DAMAGES — REMEDIES / Decision on a complaint of discrimination in employment on the basis of disability. The Tribunal found that the complainant's disability, Type II diabetes, was at least one of the factors to her receiving a negative job performance evaluation which was used to determine who would be laid...
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Accommodation in the 21st Century
Gwen Brodsky, Shelagh Day and Yvonne Peters have authored an important new report entitled Accommodation in the 21st Century. The report describes the post-Meiorin (35 C.H.R.R. D/257) legal landscape for litigating the substantive equality rights of people with disabilities in Canada and identifies new “knots in the jurisprudence” that are currently setting back efforts to make employment and services more inclusive for people with disabilities.
Thirty years ago, for people with disabilities living in Canada, concepts of discrimination and equality were new, unformed and relatively untested. The recognition of disability-related barriers as a matter for human rights concern and scrutiny represented a qualitative change in the understanding of the disability experience. The inclusion of...
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Diabetic Employee Awarded $20,000
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What Was Said
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"... it appears to me that both Mr. Holt and Coast Mountain became preoccupied with winning the test of wills over his wish to be accommodated with New Flyers at the BTC, and lost track of a possible resolution which would have rendered unnecessary the entire struggle over the existence of a disability, and the need for a formal accommodation"
Human Rights Digest 13-2, March 2012
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