News & Analysis as of

Reasonable Accommodation Canada

Ogletree, Deakins, Nash, Smoak & Stewart,...

Québec Court of Appeal Clarifies the Duty to Reassign Pregnant Workers

In Ville de Québec v. Ouellet, a pregnant police sergeant asked her employer, the City of Québec, to assign her safe duties rather than be pulled off the job under the workers’ compensation program known as Program for a safe...more

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Ontario, Canada Human Rights Tribunal Dismisses Probationary Employee’s Discrimination Claim

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In Karim v. Workplace Safety and Insurance Board, 2024 HRTO 1231, the Human Rights Tribunal of Ontario (HRTO) dismissed a probationary employee’s claim that they were discriminated against with respect to employment because...more

U.S. Equal Employment Opportunity Commission...

Lubin Logistics to Pay $20,000 and Provide Remedial Measures in EEOC Disability Discrimination Lawsuit

Small FedEx Contractor Settles Claims It Fired Employee Because of His Lupus - ATLANTA – Lubin Logistics Company, which operates as a small package delivery contractor for the international shipping brand FedEx, will pay...more

U.S. Equal Employment Opportunity Commission...

Verizon Maryland to Pay $115,000 in EEOC Disability Discrimination Suit

Settles Federal Suit Alleging Telecom Giant Refused Accommodation to Manager With Hypertension - BALTIMORE – Verizon Maryland, LLC, will pay $115,000 and furnish significant remedial relief to settle a federal disability...more

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Ontario, Canada Human Rights Tribunal Establishes That Employers’ Duty to Accommodate Family Status With Shift Changes is Not...

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In Aguele v. Family Options Inc., 2024 HRTO 991, the Human Rights Tribunal of Ontario (HRTO) dismissed an employee’s application alleging discrimination with respect to employment because of family status and reprisal...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Wilson Logistics for Violating the Americans with Disabilities Act

Federal Agency Charges Trucking Company Refused Applicant Because of Deafness - GREENSBORO, N.C. – The U.S. Equal Employment Opportunity Commission (EEOC) sued Missouri- based trucking company Transportation Management...more

Holland & Hart - Employers' Lawyers

What Can Employers Do When Employee Threats Are Related To a Disability?

The Americans with Disabilities Act (the “ADA”) generally prohibits employers from taking adverse employment actions against an employee because of the employee’s disability. To challenge an employment action under the ADA, a...more

Proskauer - Law and the Workplace

EEOC Releases Updated Guidance on ADA Requirements for Individuals with Hearing Disabilities in the Workplace

Individuals with a variety of hearing conditions may have disabilities covered by the ADA. Pre-job offer disability-related questions can violate the ADA, but certain questions regarding the ability of a candidate to...more

U.S. Equal Employment Opportunity Commission...

Updated EEOC Resource Explains ADA Requirements for Individuals with Hearing Disabilities in the Workplace

Includes Information on Discrimination Against Job Applicants - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today released an updated resource document, “Hearing Disabilities in the Workplace and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Québec Employers: The Rules for Injured Workers’ Temporary Assignment and Workplace Reintegration Have Changed

​​​​​​​On October 6, 2021, the Act to modernize the occupational health and safety regime took effect. As indicated in the act’s title, its purpose was to modernize Québec’s occupational health and safety regime with regard...more

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Alberta, Canada Human Rights Tribunal Reminds Employees They Have Duties in the Workplace Accommodation Process

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In Zupcic v Saputo Foods Limited, 2022 AHRC 13 (Saputo), the Human Rights Tribunal of Alberta (Tribunal) dismissed an employee’s complaint that that she was discriminated against in employment on the ground of her physical...more

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British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

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On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Manitoba Employers’ Accessibility Standards: May 1 Deadline Looms

In December 2013, The Accessibility for Manitobans Act (AMA) became law, with the goal of making meaningful strides in accessibility by 2023. The AMA seeks to remove barriers to accessibility in the lives of all Manitobans,...more

Miller Canfield

CANADA: Are Mandatory COVID-19 Vaccination Policies Enforceable? Maybe, Maybe Not.

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Since the release of government-approved vaccines to help fight the COVID-19 pandemic, employers have been wrestling with how to implement vaccination policies in the workplace. For those employers who have implemented a...more

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Ontario, Canada Human Rights Commission Releases Policy that Provides Guidance on Proof of Vaccination Policies

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Ontario’s proof of vaccine requirement for patrons of certain indoor public settings commenced on September 22, 2021. In response to this new regime, as well as to the recent trend among employers to implement vaccination...more

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Alberta Court of Appeal Confirms Complainants Need Not Prove Reasonable Efforts to Self-accommodate to Establish Family Status...

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As we have written previously, the test to determine whether an employer has a duty to accommodate family status is not consistent in all Canadian jurisdictions....more

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Human Rights Tribunal of Ontario, Canada Provides Employers with Roadmap for Responding to Requests for Exemptions from...

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In Sharma v. Toronto (City), 2020 HRTO 949, the Human Rights Tribunal of Ontario (HRTO) provides a roadmap for how employers should determine whether they are required to accommodate employees and customers who seek...more

American Conference Institute (ACI)

[Virtual Event] Law of Policing Conference, Eastern Canada Edition - May 6th - 7th, 9:00 am - 4:15 pm EDT

The Canadian Institute’s 12th Annual Law of Policing Conference, Eastern Canada edition will take place May 6 & 7, 2021. This year’s event will take an in depth look at some of the social movements that are demanding change...more

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Ontario, Canada: Masks Must be Worn in Indoor Area of Business Premises and in Vehicles Operating as Part of Business

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On October 2, 2020, the government of Ontario filed Ontario Regulation 546/20 (Regulation) made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.  The Regulation came into force on October 3, 2020....more

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Canada: How Should Employers Respond to Employees Who Have Childcare Obligations During COVID-19?

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When the COVID-19 pandemic dramatically changed the state of the world in March 2020 and made employees’ normal childcare arrangements generally unavailable, Canadian employees (other than some essential workers) began to...more

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Canada: Newfoundland and Labrador Court Holds Employers Must Conduct Individualized Assessments of Whether Medical Cannabis Users...

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On June 4, 2020, in International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., 2020 NLCA 20 (“International Brotherhood”), the Court of Appeal of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Compass: Insights And Direction For Employers – Winter 2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more

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Canada: How Can Employers Prepare for Edible Cannabis’ Impending Arrival to Physical and On-Line Cannabis Stores?

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When Canada’s Cannabis Act and supporting regulations came into force on October 17, 2018, Canada became the first major world economy to establish a legal framework at the federal level for the adult recreational use of...more

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Canadian Employers Must Navigate a Patchwork of Family Status Accommodation Requirements

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Members of the Baby Boom generation often remained in one job throughout their working lives.  It is now more common for employers to receive résumés from millennials (born between 1981 – 1996) who have had numerous jobs...more

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The Legal Landscape for Canadian Employers One Year after Legalization of Cannabis

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With Canada’s federal election fast approaching, Canadians will also be marking the anniversary of a major legislative change that has had a significant impact on the employment law landscape in this country: the legalization...more

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