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Discrimination

"Accommodation of Mental Disabilities in B.C."

Jurisdiction: - British Columbia

"Accommodation of Mental Disabilities in B.C." (June 2010) is the title of a paper written by Taryn Mackie. Ms. Mackie is a lawyer at Bull Housser Tupper in Vancouver, BC.

The Table of Contents set out the following topics:

  1. What Constitutes a Mental Disability under the Human Rights Code
  2. Properly Assessing the Disability
  3. The Employer's Duty to Make Inquiries
  4. Determining the Nature and Extent of the Accommodation
  5. The Employee's Obligations with respect to Accommodation 
  6. Case Example: ADGA Group Consultants Inc. v. Lane
  7. Terminating Employment When Accommodation is Not Possible or is Unsuccessful

An overview of how Canadian jurisdictions approach discrimination based on "family status"

A high-level overview of how Canadian jurisdictions approach discrimination based on "family status": 

  • It is included as a prohibited ground in relation to employment in each Canadian jurisdiction except New Brunswick and Newfoundland.
  • Saskatchewan defines it as being in a parent-child relationship.
  • Quebec uses the term "civil status".
  • The Northwest Territories has a prohibition on the grounds of "family status" as well as "family affiliation".

(My source was this publication on the Canadian Human Rights Commission's website, which was last updated in early 2009).

Reasonable to request Functional Capacity Evaluation and Independent Medical Examination in accommodation process

Jurisdiction: - British Columbia

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"

"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

Jurisdiction: - Alberta

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 »