Confronting Episodic Disability in the Workplace: The Canadian Experience

Odelia Bay () and Roxanne Mykitiuk ()
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Odelia Bay: York University
Roxanne Mykitiuk: York University

Chapter 3 in The Palgrave Handbook of Disability at Work, 2020, pp 45-62 from Springer

Abstract: Abstract This chapter considers the applicability of Canadian human rights law in protecting and promoting the rights of persons with episodic disabilities in the employment context. While the general legal principles described in this chapter apply to all persons with disabilities the focus is on episodic disabilities because of the unique challenges they present to both employees and employers when aiming to ensure effective workplace accommodation. Firstly, we present an overview of Canadian human rights laws, concepts, and protections, aimed at promoting and protecting the rights of persons with disabilities from discrimination in the employment context. Followed by a discussion of the specific and unique circumstances faced by those with episodic disabilities seeking accommodation in the employment setting, highlighting some of the common arguments made by employers claiming that accommodation is an undue hardship and the key arguments considered by courts/tribunals when considering the duty to accommodate under human rights law.

Keywords: Episodic disability; Accommodation; Undue hardship; Human rights law; Discrimination (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:spr:sprchp:978-3-030-42966-9_3

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DOI: 10.1007/978-3-030-42966-9_3

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