April 14, 2004

Undue Hardship

Question: Our company is very labour intensive and we have a concern with respect to some of our older employees. We are finding it difficult to accommodate their physical limitations. Can you provide some information regarding the duty to accommodate an employee and explain what is meant by undue hardship? Answer: The Ontario Human Rights…

April 14, 2004

Stress Tests

Question: A co-worker took a stress test. The manager informed him that if it came back negative he would be fired. Is that allowed? As discussed above, employers have a duty not to discriminate against employees on the basis of certain prohibited grounds of discrimination. Disability is a prohibited ground of discrimination and it is…

March 31, 2004

Harassment and Discrimination in the Workplace

Question: My co-worker is from Albania and he is always being made fun of by our co-workers. When my manager witnesses this, he does not try to stop this behaviour. What should my co-worker do? Is my manager obliged to help? Answer: All provinces and territories do not permit harassment based on prohibited grounds of…

February 18, 2004

Legal Restrictions on Obtaining Information About an Employee’s Medical Status

Question: One of our employees was absent for an extended period of time because of injuries to his back and shoulder. These injuries prevented the employee from performing his duties on the assembly line. Until very recently, the employee was receiving insurance benefits. One week after the employee’s insurance benefits were cut off, he produced…

July 23, 2003

Drug Alcohol Testing

Drug and alcohol testing in the workplace In Ontario drug testing is considered discriminatory except for a few exceptions and a considerable onus is placed on the employer We are often approached by employers in Ontario, who are subsidiaries of American corporations, regarding the ability to conduct drug and alcohol testing of employees in Ontario….

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