I'm not being asked to acknowledge my duty to
accommodate under the Code within my workplace», I'm being asked to acknowledge my purported obligation to promote «equality, diversity and inclusion generally».
«the lawyers involved indeed have a duty to
accommodate under the Code within their workplaces, which again is the primary thrust of the Statement.»
You're still going in circles when you say that «It may well be that the purpose of the duty of accommodation is to «promote equality», it doesn't follow that lawyers have a duty to promote equality...» The lawyers involved indeed have a duty to
accommodate under the Code within their workplaces, which again is the primary thrust of the Statement.
Organizations must consider strategies to avoid undue hardship and meet their duty to
accommodate under the Code.
Not exact matches
In this case, the Tribunal addressed two applications against a school board in which a parent alleged discrimination and failure to
accommodate his children's respective disabilities
under Ontario's Human Rights
Code (the «
Code»).
In my view, the issue is not whether the respondent infringed the applicant's rights
under the
Code by «failing to
accommodate» him.
If a person establishes that he or she has experienced disadvantageous treatment because of a prohibited ground, then, at that point, the respondent can avoid liability
under the
Code if it can justify the disadvantageous treatment, including by establishing that the individual's
Code - related needs could not be
accommodated without undue hardship (see s. 11 and s. 17 of the
Code, as well as Baber v. York Region District School Board, 2011 HRTO 213 (CanLII) at para. 88 to 95).
Furthermore, in certain cases, such as alcohol or substance abuse, an employer may be expected to
accommodate the employee since such substance abuse may be a disability that prohibits the employer from terminating the employee
under the Human Rights
Code or Canadian Human Rights Act.
The 2006 Homelessness
Code was correct to advise that, once it appeared to the housing department of a local authority that a 16 - or 17 - year - old might be homeless, that authority should
accommodate her
under s 188 pending clarification of whether the local children's services authority owed a duty to provide her with accommodation
under s 20.
This decision is the latest in a series of cases, rendered both
under the Ontario Human Rights
Code and the CHRA, that have considered the issue of
accommodating childcare requirements within the context of scheduling work hours.
The new policy statement is especially topical for employers, who have a statutory duty
under Ontario's Human Rights
Code to
accommodate employees with respect to disability to the point of undue hardship.
This award confirms that the duty to
accommodate under the Human Rights
Code may extend to allergic reactions that can be caused by scented products in the workplace.
Even where a causal connection between a proven disadvantage and a proven disability has been established, the employer may still avoid liability
under the
Code by showing that the rule or requirement giving rise to the disadvantage is reasonable and bona fide and that the individual's disability - related needs could not be
accommodated without undue hardship.
Under the Ontario Human Rights
Code (
Code), employers, unions, housing providers and service providers have a legal duty to
accommodate the needs of persons with disabilities to the point of undue hardship, to ensure that persons with disabilities have equal opportunities, access and benefits.
All employer's, regardless of size, have a legal duty to
accommodate the needs of employee's who have a disability and to give equal access to employees who are protected
under the Ontario's Human Rights
Code.
(6) When a person who is authorized by a board or by the Commissioner as described in subsection (1) exercises powers
under this section with respect to other persons, he or she shall ensure that those persons are
accommodated in accordance with the Canadian Charter of Rights and Freedoms and the Human Rights
Code, and this includes accommodation in connection with creed or disability.
However, the collective agreement cites obligations
under the Ontario Human Rights
Code and accounts for situations where
accommodating employees with disabilities may override other provisions of the collective agreement.
The employment standard augments the pre-existing obligation
under the Ontario Human Rights
Code to
accommodate employees with disabilities.
In Canada, freedom of religion is protected
under various human rights
codes across the country that prohibit religious discrimination and make it illegal for governments and private actors to erect religious barriers to employment, housing, or services unless it can be demonstrated that
accommodating religious beliefs or practices causes undue hardship.
This recommendation is a reflection of the confusion organizations are having in understanding the differences between the two legal obligations, and how the duty to
accommodate under the Ontario Human Rights
Code and the AODA overlap and work simultaneously to protect employees with disabilities.
Under HRC, housing providers have a duty to
accommodate the
code - related needs of tenants, but smokers are not specifically identified as one of the 14 protected grounds.