Duty to Accommodate and Return to Work
April 26, 2023 at 4:00 PM PST Maritime Labour Centre 111 Victoria Drive Vancouver, BC V5L 4C4
IN PERSON at the Maritime Labour Centre | Lunch will be provided
This overview of the duty to accommodate as it arises in employment uses the BC Human Rights Code as a starting point and reviews the concepts of discrimination, equality, and the legal and historical framework for the development of the concept of ‘accommodation’. It examines the scope of duty to accommodate: the process of establishing a prima facie case of discrimination and the process of defending against such a prima facie case. Emphasizing the accommodation of disabilities, the course reviews the concept of disability; the procedural and substantive aspects of the duty to accommodate, the role of medical information in the process and the obligations on the Employer, the Union and the accommodation-seeker.
The course examines, through case law, just how far the parties must go before reaching ‘the point of undue hardship’, and debunks some of the common myths and misconceptions around the duty to accommodate, while offering practical solutions to accommodation issues.
Facilitator: Andrew Robb
Andrew Robb is managing lawyer at the Disability Law Clinic, the first community legal clinic in BC that focuses exclusively on disability rights law.