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The duty to accommodate presents itself to employers in many forms. While the most common accommodation involves a disability, often there are other grounds for accommodation that an employer must address as illustrated (more…)
Under the Human Rights Code (Ontario), the duty to accommodate in the workplace is a two-part obligation. Employers who do not make at least a reasonable effort to comply with this obligation can find themselves having to pay a financial price. This was the reality in Qureshi v. G4S Security Services, 2009.
Facts of the case
The applicant, Muhammad Quersih, a male of Muslim Faith, was being considered for a security guard position. (more…)
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Sambrano Legal Services helps businesses to avoid costly litigation by informing them of their rights and obligations under various legislation. We offer a variety of workshops for small and medium-sized businesses. A energetic leader and public speaker, Kevin’s seminars are lively, engaging and most of all educational. (more…)
Requests for accommodation due to family status are becoming more common as societal norms continue to change. The leading case in Ontario that addresses the worker’s rights and the employer’s obligations on the ground of family status is arguably Devaney v. ZRV Holdings Limited, 2012 HRTO 1590. The case confirms that an employer’s failure to reasonably accommodate an employee’s family caregiving responsibilities may result in a breach of the Human Rights Code (“Code”), and that family status has now been interpreted to include elder care. (more…)
Constructive or adverse discrimination in employment occurs when rules or standards are established that do not discriminate at first glance, but have an adverse effect on persons whose rights are protected under human rights legislation. In such a case, the burden shifts to the employer to establish that such rules or standards are essential to the job, also known as bona fide occupational requirements (BFOR’s). British Columbia (Public Service Employee Relations Commission) v. BCGSEU is the leading case which addresses this issue. This seminal human rights case from the Supreme Court of Canada established a three-part test which has become the standard to evaluate constructive discrimination. (more…)