Podcast
Questions and Answers
What must be demonstrated to justify an undue hardship in accommodating an employee's religious beliefs?
What must be demonstrated to justify an undue hardship in accommodating an employee's religious beliefs?
Which of the following is an example of a reasonable accommodation for an employee's pregnancy?
Which of the following is an example of a reasonable accommodation for an employee's pregnancy?
What is a key factor in determining whether a request for accommodation based on family status is valid?
What is a key factor in determining whether a request for accommodation based on family status is valid?
Which case highlighted the need for accommodating an employee's religious practices in the workplace?
Which case highlighted the need for accommodating an employee's religious practices in the workplace?
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How has the legal stance on age discrimination changed with respect to mandatory retirement?
How has the legal stance on age discrimination changed with respect to mandatory retirement?
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What constitutes undue hardship in accommodations?
What constitutes undue hardship in accommodations?
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Which factor is NOT considered when assessing undue hardship?
Which factor is NOT considered when assessing undue hardship?
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When fulfilling the duty to accommodate a disability, what is the first step an employer should take?
When fulfilling the duty to accommodate a disability, what is the first step an employer should take?
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Why is it important to document all facets of the accommodation process?
Why is it important to document all facets of the accommodation process?
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What is the requirement of an employer when dealing with substance abuse as a disability?
What is the requirement of an employer when dealing with substance abuse as a disability?
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At what stage should medical testing be conducted in the employment process?
At what stage should medical testing be conducted in the employment process?
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In the context of employment, what does the term 'purely recreational use' refer to?
In the context of employment, what does the term 'purely recreational use' refer to?
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Which of the following should be considered when assessing the morale of other employees during accommodation?
Which of the following should be considered when assessing the morale of other employees during accommodation?
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Which of the following is NOT a fundamental principle of accommodation?
Which of the following is NOT a fundamental principle of accommodation?
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What is a common misconception about the duty to accommodate an employee with a disability?
What is a common misconception about the duty to accommodate an employee with a disability?
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What is required if a pre-employment drug test comes back positive?
What is required if a pre-employment drug test comes back positive?
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What must employers ensure regarding drug and alcohol testing in recruitment?
What must employers ensure regarding drug and alcohol testing in recruitment?
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Which statement best describes 'undue hardship' in the context of accommodations?
Which statement best describes 'undue hardship' in the context of accommodations?
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Who shares the obligation of accommodation in the workplace?
Who shares the obligation of accommodation in the workplace?
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Which of the following conditions must be met for pre-employment medical tests to be conducted?
Which of the following conditions must be met for pre-employment medical tests to be conducted?
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Pre-employment drug testing is generally advised against because it does not predict what?
Pre-employment drug testing is generally advised against because it does not predict what?
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Study Notes
Undue Hardship
- Not defined in legislation
- Occurs when accommodation creates onerous conditions, intolerable costs, or serious disruption.
- Factors considered when determining undue hardship:
- Financial cost
- Size and resources of employer
- Disruption of operations
- Morale problems of other employees
- Substantial interference with rights of other individuals or groups
- Interchangeability of workforce and facilities
- Health and safety concerns
Duty to Accommodate Disability
- Gather medical information (with consent) to determine functional abilities
- Consult with employee, supervisor, union
- Modify the employee’s current job requirements if possible; if not, assess other available jobs
- Assess undue hardship of proposed accommodations
- Implement accommodations
- Monitor frequently
- Document all facets of the accommodation process including:
- Alternatives considered
- Reasons the alternatives were not accepted.
- Maintain confidentiality throughout.
Duty to Accommodate Substance Abuse
- Substance abuse is a disability
- Purely recreational use of drugs or alcohol is not a disability
- Accommodation usually means offering rehabilitation or time off to attend a program
- Employer is not required to accept ongoing, lengthy absences unrelated to the rehabilitation
- Be consistent and persistent
- Condoning substance abuse can be considered a breach of the duty to accommodate other employees
- Last Chance Agreements
Duty to Accommodate Religious Beliefs
- Religion or creed
- Dress codes
- Religious days off
- Modification of work schedules
- Requiring an employee to refrain from preaching during work hours may be a BFOR
- Break policies
Duty to Accommodate Pregnancy and Family Status
- Sex (pregnancy)
- Temporary relocation
- Modified duties
- Flexible work schedules and break times
- Family Status
- Employer must accommodate "family status" reasonably
- Does the duty to accommodate family status include eldercare?
Duty to Accommodate Age
- Social and legal shift in attitude about age discrimination
- Older workers may need to work for social or financial reasons
- Older workers make valuable contributions
- Previous cases justified age discrimination as justifiable for economic reasons and to ensure workforce “renewal”
- Mandatory retirement
- 2008 BC Code amended to prohibit mandatory retirement
- Mandatory retirement does not meet Charter “minimal impairment” test
Conditional Offers of Employment
- No contract of employment exists when a conditional offer is made by an employer until those conditions have been fulfilled by the candidate
- Conditions may allow the employer to gather information from the candidate that, earlier in the recruitment process, would have been forbidden by the Act
- Information that should be requested only after a conditional offer:
- Copy of a driver’s license
- Work authorization from immigration
- Social insurance card
- Transcript or copy of professional credentials
- Requests for medical or health information
Pre-Employment Medical or Fitness Examinations
- Any form of medical testing:
- Must be left to the conditional offer stage
- Must be a bona fide occupational requirement (BFOR)
- Must be performed on every candidate
- Employer must maintain confidentiality of test results
Pre-Employment Drug and Alcohol Testing
- Drug or alcohol dependence is a disability
- Testing in and of itself is not prohibited
- Best advice is not to conduct pre-employment drug or alcohol testing.
- Pre-employment screening does not measure on-the-job impairment or predict the candidate’s ability to do the job
- If you test and it comes back positive, it triggers:
- The responsibility to determine if it is due to a disability
- The requirement to accommodate to the point of undue hardship.
Duty to Accommodate
- Fundamental principles of accommodation in the context of human rights law:
- Individualization
- Dignity
- Inclusivity
- Accommodation is a shared and ongoing obligation:
- Employer
- Employee
- Union
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Description
Explore the concepts of undue hardship and the duty to accommodate disability in the workplace. This quiz covers the factors that contribute to determining undue hardship and the steps necessary for implementing accommodations for employees with disabilities. Assess your understanding of the obligations and processes involved.