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Posted by / 08-Oct-2017 19:11

Accomodating the needs

The CCRW connects employers with job seekers who have disabilities and is committed to promoting and supporting the meaningful and equitable employment of persons with disabilities.The national office is located in Toronto with an employment services office in Moncton, New Brunswick and project offices across Canada in Newfoundland, New Brunswick, Manitoba, Saskatchewan and British Columbia.Many accommodation options available to you as an employer can be low-cost or no cost.While you may have to make some changes to workstations or provide an assistive device or assistive technology, many changes are simple.Developing adaptations and accommodations for a child with special needs is a continuous process that involves each child's collaborative team. The first step is to assess the child's abilities and the environment where the child will be spending time. When they do not meet the specific needs of a child, they can be adapted or expanded to accommodate that child's individual needs.The purpose of an adaptation is to assist children in compensating for intellectual, physical or behavioral challenges.

While this decision must particularly interest federally regulated employers, it may also indicate that the test to demonstrate workplace discrimination on the basis of family status will be changing in other Canadian jurisdictions. Campbell River and North Island Transition Society, the Court of Appeal established the test for establishing a prima facie discrimination on the basis of family status in B. In another decision on January 31, 2013, the British Columbia Human Rights Tribunal rejected an employer's application—which claimed that there was no reasonable prospect that the complaint would succeed—to dismiss an employee’s similarly grounded allegation. John's Bedrooms Barn and Foam Warehouse, et al., alleged discrimination on the basis of family status when an employee was terminated after requesting time off to attend a medical appointment with his child. family status [is] to be interpreted broadly to prevent discrimination on the basis of the personal characteristics that are enumerated in the Code.” It further stated that “.

Nevertheless, he ruled, the higher threshold of “serious interference” is not warranted as any “significant interference with a substantial parental obligation is serious.” While the Campbell River decision remains good law in B. that the Respondents treated him adversely and that there is a connection, or it is reasonable to infer there is a connection, between the adverse treatment and his family status.” Given the decision in Johnstone and the BCHRT's failure to consider Campbell River in Kovacs, employers in B. would be well advised to consider how employees’ requests for accommodation of child care needs are managed.

a prima facie case of discrimination is made out when a change in a term or condition of employment imposed by an employer results in a serious interference with a substantial parental or other family duty or obligation of the employee." (author’s emphasis added) The Court goes on to observe that “. He recognized that not every work/life tension will attract human rights protection and employees must make efforts to reconcile their family obligations with their work requirements.

Here are some examples of accommodation in the workplace: Before you purchase any special equipment, have your employee(s) test them out first.

Staff members may have varying degrees of experience interacting with a person with a disability.

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While child care obligations have been included within the definition of “family status” in British Columbia for several years, the Federal Court expressly rejected the test for determining this as set out by the British Columbia Court of Appeal in 2004. The Tribunal did not make reference to Campbell River but instead held that “.

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