Reasonable to request Functional Capacity Evaluation and Independent Medical Examination in accommodation process
In a recent case - Sluzar v. City of Burnaby (No. 3), 2010 BCHRT 19 - the BC Human Rights Tribunal ruled, among other things, that the employer had a valid and reasonable basis for requesting that the employee attend a Functional Capacity Evaluation (FCE) and an Independent Medical Examination (IME) with a psychologist, as part of the accommodation process.
You can read Bull Housser Tupper's summary of this case here.
"Pre-Employment Screening: Changes to the Criminal Records Check Process" is the title of an article published today by law firm McCarthy Tetrault. The article addresses an Interim Policy Statement that has been issued by the RCMP concerning processes and procedures for criminal records checks. The article can be read here.
Making single mother work night shifts not discrimination based on family status, Alberta arbitration board rules
A three-person Alberta arbitration board has ruled that making a single mother of a 11 year-old work 30 or so night shifts a year is not discrimination based on family status. The case is Government of Alberta (Solicitor General Department) and Alberta Union of Provincial Employees ("Jungwirth Grievance") (February 15, 2010).
As it relates the law in this unsettled area, the board stated: read more »
The BC Maritime Employers Association ("BCMEA") submitted a complaint yesterday to the Canadian Human Rights Commission against the International Longshore and Warehouse Union ("ILWU").
The BCMEA is calling it an "unprecedented step" taken because of "the urgent need to provide an inclusive workplace at the waterfront in British Columbia".
The BCMEA further states that it had "no other choice" but to file the complaint due to "the refusal of the ILWU to participate in timely and meaningful action to move toward equality in the workplace."
The complaint - a summary of which can be found here - alleges that the ILWU Canada and its various local Unions are engaging in various discriminatory practices contrary to section 10 of the Canadian Human Rights Act ("CHRA"). read more »