May 31, 2007
12:30 p.m. - 2:00 p.m. EDT
Playback: Monday, June 4, 3:30 p.m. - 5:00 p.m. EDT

Matthew Certosimo

Employer Counsel
Borden Ladner Gervais

Anne Gregory

Union Counsel
Canadian Union of Public Employees

Leanne MacMillan

Union Counsel
Nova Scotia Nurses’ Union

Robert Sider

Employer Counsel
Lawson Lundell

ISSUES:

"I had no idea." Don't be caught saying these words the next time an employee reveals that he or she suffers from an 'invisible' disability like chronic fatigue syndrome, chronic pain, depression, migraines, environmental sensitivity, allergies, mental illness, cognitive limitations, and substance abuse. Building on your existing knowledge of human rights law and the duty to accommodate, Lancaster's panel of experts will focus on the tough questions arising in these complicated cases, including:

• What constitutes a disability giving rise to the duty to accommodate? Do temporary conditions count? Stress, chronic pain and mental illness: when do these 'invisible' illnesses require accommodation? When is substance abuse treated as a disability giving rise to the duty to accommodate?  What constitutes discrimination based on perceived disability?

• When is the duty to accommodate triggered? Must employers inquire if workers are suffering from a disability before assessing discipline? When will arbitrators impute to employers "constructive knowledge" of a disability? What obligations do unions and employees have to inform the employer about the existence of 'invisible' disabilities? 

• Access to medical information: what must the employee disclose in order to establish a need for accommodation? Is the employer entitled to know the employee's diagnosis, functional limitations, treatment, and other details? When can the employer require additional medical information, independent medical assessments, or second opinions? Can employers safely rely on decisions about the employee's fitness made by insurers, or the workers' compensation board? When are medical, functional, psychiatric and risk assessments appropriate? What measures should be put in place to ensure an employee's privacy?

• What effect does employee intransigence have on the duty to accommodate? Does the employee's right to privacy entitle workers and unions to refuse to provide medical information in the accommodation process? Do disabled employees have a legal obligation to accept reasonable accommodation proposals? Can disabled employees be required to undergo treatment as a condition of employment?

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.