With a number of recent Human Rights Tribunal decisions, however, employers are quickly learning about their legal obligation to
accommodate employees on the ground of their «family status».
The tribunal member dismissed the claim saying the firm had a good history of
accommodating employees on maternity leave and that:
Not exact matches
Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses
on new and maturing programs; 5) our ability to
accommodate, and the cost of
accommodating, announced increases in the build rates of certain aircraft; 6) the effect
on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions
on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact
on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact
on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns
on pension plan assets and the impact of future discount rate changes
on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco
on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted
on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence
on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled
employees and our relationships with the unions representing many of our
employees; 24) spending by the U.S. and other governments
on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest
on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.
It is almost always best to be known as a progressive company, with a strong focus
on training, the flexibility to
accommodate employees» needs and the guts to stick by them through thick and thin.
Canada may have a pretty generous policy towards maternity and parental leave — especially compared to the U.S. — but many women still encounter significant career setbacks or experience the so - called «motherhood penalty» when they take time off to have kids, and many employers still wrestle with how to
accommodate the disruption of
employees going
on leave.
It will
accommodate a maximum of 55,000 people, which is 8,000 more than the current number of
employees on campus.
That would open up enough space
on four floors of the county office building to
accommodate about 165 health and social services
employees now scattered in leased office space at three downtown locations.
American Humane and Mars Petcare offer tips
on how businesses and retail
employees can better
accommodate veterans and other patrons with service dogs.
Though founded in just 2005, Imageepoch's development staff has already expanded to
accommodate over 120
employees, split into four teams all working separately
on different projects.
Seen in context, it's clear that paragraph 8 of the commentary to section 6.3.1 (3) doesn't impose a duty
on lawyers to promote equality, it does impose an obligation
on lawyers, in fulfilling their duty not to discriminate, to
accommodate employees and clients — consistent with Ontario Human Rights Law, which has the effect of promoting equality.
The law requires an employer to reasonably
accommodate an
employee's religious beliefs and practices unless doing so would cause an undue hardship
on the employer's business.
For instance, in recent years, he has written or spoken
on issues such as mandatory retirement, privacy legislation and transborder data flows of personal
employee information, employers» duty to
accommodate and the validity of settlements in labour and employment law.
The Court of Appeal ruled that the employer's decision to put the
employee on an unpaid leave of absence in August 2010 was not an infringement of his rights because, at that time, the employer had
accommodated the
employee to the point of undue hardship.
Despite making individualized assessments and accommodations for
employees on medical and religious grounds, the CBSA made no attempts to
accommodate Ms. Johnstone.
If you're looking for advice
on employee entitlement, employer obligations, EI benefits, or the Ontario Human Rights Code to
accommodate pregnant workers, this guide is for you.
It is important to protect your
employees and educate yourself
on the steps to take to
accommodate your
employees.
Saunders is working
on a proposal for a program
on how employers can
accommodate employees who have disabilities.
Ms Johnstone was unable to find childcare that would allow her to continue with her rotating shifts, the CBSA did not inquire into her circumstances, the move to part - time affected her pension and benefits entitlements, and the CBSA had
accommodated other
employees on religious and medical grounds.
For example, if there is a reasonable requirement for the particular job that the
employee can not meet because of a particular characteristics this will not count as discrimination if
accommodating the
employee characteristic will cause undue hardship
on the employer (Alberta Human Rights Act s. 7 (3)-RRB-.
Although the debate over the extent of employers» duty to
accommodate employees» childcare obligations will likely continue until there is a definitive ruling by an appellate court (and quite possibly the Supreme Court of Canada), prudent employers should carefully assess any request for accommodation based
on family obligations, taking into account such factors as:
Every
employee is entitled to be protected and
accommodated according to the law, based
on certain grounds.
The law requires an employer or other covered entity to reasonably
accommodate an
employee's religious beliefs or practices, unless doing so would cause more than a minimal burden
on the operations of the employer's business.
As such, much of the litigation in this area of the law centers
on determinations of the extent of the
employee's disability as well as the employer's actions in
accommodating the
employee.
In an arbitration between the Corporation of Quinte West and CUPE, Local 759, (decision released
on October 21, 2011), Arbitrator Paula Knopf considered whether an employer has an obligation to
accommodate an
employee who suffers from allergies that are caused, at least in part, by scented products in the workplace.
For instance, if an
employee refuses to use a biometric scanner
on the basis of a religious belief, then an employer may have to
accommodate.
As the substantive duty to
accommodate depends
on the facts of each situation (including the
employee's limitations and duties, and the organization's operational requirements), we have compiled the following tips from the Policy and the Policy Statement to help employers fulfil the procedural component of their duty to
accommodate.
Generally speaking, the duty to
accommodate requires employers to adapt rules and requirements to meet the needs of individual
employees who would otherwise be exposed to constructive discrimination
on a protected ground, including disability.
Similarly, employers have an obligation to
accommodate time off for an
employee is unable to work
on account of family caregiving responsibilities.
The spectrum of accommodation expected will depend
on a number of factors, including financial ability to
accommodate, type of work performed, and the impact of marijuana use
on the essential duties of the
employee.
The services of an experienced, third party Disability Manager can assist
employees and employers in arriving at innovative solutions that
accommodate the needs of returning
employees while avoiding undue hardship
on the part of the employer.
Under human rights law, an employer must
accommodate an
employee if a workplace policy or job requirement effectively discriminates against an
employee on a prohibited ground.
In Canada, employers have a duty to
accommodate employees to the point of undue hardship if a policy or practice has a discriminatory effect
on an
employee on the basis of religious beliefs.
They may advise employers
on employee benefit law or
on issues involving disciplinary actions and terminations,
accommodating for disabilities, drug and alcohol testing, confidentiality agreements, workplace investigations, and unemployment compensation claims.
(b) concludes that the
employee's needs can not be
accommodated without undue hardship
on the board.
includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably
accommodate to an
employee's or prospective
employee's religious observance or practice without undue hardship
on the conduct of the employer's business
Employers must recognize that human rights legislation places statutory limitations
on the content of application forms, the pre-screening process, the interview, medical inquiries, and, under the employer's duty to
accommodate persons with disabilities, even the right to hire an
employee who is fit to perform the essential duties of the job.
How does an unionized
employee know when the right to privacy has been violated if there is no internal policy or procedures or guidelines or policy and procedures
on Duty to
Accommodate.
Maybe the employer took
on acceptable replacements for these
employees while they were away, and maybe it will have some difficulty rearranging schedules to
accommodate, but it is risking significant loss if those returning
employees choose to go elsewhere, besides a possible drop in morale if they choose to stay.
That obligation can include measures that impact
on other
employees, for example as a result of changing job duties of other
employees to
accommodate the disabled
employee.
While
employees may request accommodation for childcare and eldercare obligations under human rights legislation
on the basis of «family status,» the full scope of these protections — and the extent to which employers must
accommodate — is still under development.
``... there may be another situation where the application of the Afghanistan Guidelines could result in a particular
employee being denied a posting in Afghanistan even though the needs of such person could be
accommodated without imposing an undue hardship
on the employer.
Despite finding that an
employee made out a prima facie case of discrimination
on the ground of disability, the Court found that the employer's failure to meet its procedural duty to
accommodate was not improper since any accommodation would have resulted in undue hardship.
Ultimately, the tribunal found that it would constitute an undue hardship
on the employer to have to
accommodate the
employee in Afghanistan.
In total, the campus will
accommodate more than 12,000
employees, with executives situated
on the fourth floor.
Typical work duties listed
on an Assistant Hotel Manager example resume are managing reservations, greeting guests, coordinating housekeepers, training staff, recruiting new
employees,
accommodating special requests, and completing other duties as assigned by managers.
In that case, an employer must
accommodate the request unless it causes «undue hardship & #
on the employer (or unless the employer has fewer than 15
employees).
The new building
accommodates the company's current workforce of 1,100
employees and includes space for its growing operations with capacity for 1,800
employees on the 30 - acre site.