With flu season in full swing, many employees can expect to miss work due to illness. Do the Ontario Human Rights Code (the “Code”) provisions prohibiting discrimination on the ground of disability provide any protection to an employee with the flu? What if the employee has bronchitis, strep throat, measles, or pneumonia? The short answer […]
Independent Medical Examinations
As discussed in a previous post, disability-related accommodation requests can be a challenge in terms of balancing the employer’s right to medical information about the employee with the employee’s own right to privacy. Employers are entitled to request medical information in order to determine the appropriate accommodation for employees. However, there may be situations in […]
OHRC Disability Claims: Policy Statement on Medical Documentation
Kumail Karimjee was recently quoted in an article outlining the types of medical documentation required when a disability claim is made for accommodation. To read the full article and the OHRC policy statement, click here.
What Can an Employer Request from an Employee for Disability-Related Accommodation Requests?
When an employee makes a disability-related request for accommodation, the employer has a legal duty to accommodate the request up to the point of undue hardship. However, problems can arise when an employee provides medical documentation too ambiguous to support the request, or when an employer requests more medical information than is required to determine […]