Sentences with phrase «accommodation process»

Federal law requires that medical information and documentation related to the reasonable accommodation process be treated as confidential medical information.

These offices are available to help your staff through the disability accommodation process.

He regularly advises management on wage - and - hour issues, leave laws, workplace violence prevention, the disability accommodation process, and the discipline and termination processes.

Continue Reading Value of IME in Accommodation Process Underscored by Ontario Courts

An interdependence analysis of accommodation processes.

The HRTO dismissed the application, finding that Mr. Bottiglia and the Board were engaged in a good faith accommodation process, and that in that context it was unreasonable for Mr. Bottiglia to refuse the IME.

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Keeping thorough and accurate records of the entire accommodation process, including the employee's and the employer's steps, is important as an employee's accommodation needs evolve and, if necessary, can provide evidence in response to a human rights complaint for failure to accommodate.

Michelle is the head of Morgan Lewis» Employment Counseling Taskforce, working regularly with employers to proactively develop effective and compliant anti-harassment programs, diversity and inclusion initiatives, disability accommodation processes, and leave management programs.

On August 25, 2017, the Ontario Court of Appeal refused leave to appeal a decision that found an employer's request for an IME was part of a good faith accommodation process, and it was unreasonable for the employee to refuse to undergo the IME.

The Disability Resource Center (DRC) is available to help all Department of Transportation managers, supervisors, and employees understand the accommodation process and obtain necessary equipment and services.

Of course, special circumstances may influence the timing of the reasonable accommodation process.

This is because the courts have said that once an employee raises these concerns to the employer, even without a formal accommodation request, the accommodation process is triggered and the employer must make a meaningful attempt to inquire if any accommodation requirements exist.

Employees must be engaged in the accommodation process and try to find childcare arrangements that are compatible with work demands.

An applicant has a duty to meaningfully participate in the accommodation process.

In particular, Gervais says students are experiencing issues with the accommodation process, which she says is quite confusing.

In the report, the CEHR identified several barriers that common law students with disabilities have faced at the faculty, including difficulty with the accommodation process, the examinations committee's unwillingness to contextualize appeals, and upper management's refusal to consult with student advocates.

However, «If the person does not agree to provide additional medical information, and the accommodation provider can show that this information is needed, it may be the case that the person seeking accommodation could be found to not have taken part in the accommodation process and the accommodation provider would likely be relieved of further responsibility.»

The policy statement refers to the OHRC's updated policy on the duty to accommodate disabilities and protect the disabled against discrimination that was released last year, noting the role of medical professionals in the accommodation process and the type and scope of medical information needed to give employers.

These policies offer useful guidance to employers about the evolving legal definition of disability, medical information an employer can or can not request during the accommodation process, and the features of an appropriate drug or alcohol testing program in the workplace.

The Policy also canvasses the thorny issue of medical information and what type, scope and to whom it should be provided during the accommodation process.

In the recent arbitration decision of Vancouver Coastal Health Authority v. Hospital Employees» Union, Arbitrator John Sanderson, Q.C. upheld a grievor's dismissal for non-culpable or innocent absenteeism because he failed to show he could attend at work regularly in the foreseeable future and the accommodation process was exhausted.

Employers should therefore seriously consider the possibility of reinstatement when the accommodation process breaks down.

Significantly, she also held that the union shared in the accommodation process and was therefore required to work cooperatively with the employer to ensure that bargaining unit members complied with the Scent Sensitivity Program.

Nevertheless, the case reinforces management's abilities to control the accommodation process by requiring employees (and their doctors) to focus on the medical aspects of the case while leaving the employer in charge of determining any resulting accommodations.

In light of the increase in such applications to the Tribunal, it is important that Colleges ensure that employees responsible for assisting students with mental health issues clearly understand the Colleges» obligations and the obligations of students in the accommodation process.

The accommodation process foundered due to the applicant's refusal to provide medical documentation and not because of any proven medical need for the Board to exempt her from the TPA or change her teaching assignment.

The Tribunal has also reaffirmed the requirements placed on employers and employees within the accommodation process.

At the outset, organizations are entitled to have enough medical information to allow them to engage in the accommodation process.

When faced with ambiguous or vague medical notes that do not provide enough information to meaningfully engage in the accommodation process, employers are entitled to request further medical information.

The Ontario Court of Appeal has denied leave to appeal a judicial review of a Human Rights Tribunal of Ontario (Tribunal) decision that found an employer's request for an Independent Medical Examination (IME) as part of the accommodation process reasonable in the circumstances.

The Adjudicator made some additional general instructive statements regarding the accommodation process, as follows:

On the flip side, as in all accommodation requests, the employee has a duty to cooperate in the accommodation process.

In this regard, Disability Managers often draw upon a network of health care providers such as physicians, occupational health nurses, occupational therapists and vocational consultants as resources in the accommodation process.

In the article, Vey notes that the parties to an accommodation process are «well - advised to keep an open mind, ensure ongoing communication and work collaboratively to reach a practical solution.»

Although the information conveyed to the medical examiner could have biased the IME, the Court found that the Tribunal reached an acceptable and defensible outcome in finding that the accommodation process broke down because of Mr. Bottiglia.

No substantive duty to accommodate arose on the Board's part due to the fact that Mr. Bottiglia refused to attend the IME and thus failed to participate in the accommodation process.

co-operate with any experts whose assistance is required to manage the accommodation process or when information is required that is unavailable to the person with a disability

Nevertheless, the Court of Appeal has now confirmed its support for an employer's right to request an IME to guide an accommodation process where the employer has a reasonable and bona fide basis to question the adequacy and reliability of the information provided by its employee's medical professional.

Norton Rose Fulbright Canada LLP has an accommodation process in place that provides accommodations for employees with disabilities.

Her experience includes preparing and speaking to a regulatory hearing; preparing judicial review materials on behalf of an Aboriginal community and to support consultation and accommodation processes and / or negotiations.

The accommodation process is often triggered when an individual suffers an illness or injury and requires modification to their role as a result (either on a temporary, or more indefinite basis).

The below chart provides a summary of obligations that parties to an accommodation process may have.