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AUDIO
CONFERENCE
Current Issues in Disability Accommodation: An advanced session
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| WHEN: |
Wednesday, November 26, 2008
12:30 p.m. – 2:00 p.m. EST
Playback: Monday, December 1, 3:30 p.m. – 5:00 p.m. EST |
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| WHERE: |
Your
own office or boardroom |
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| MODERATORS: |
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Matthew Certosimo
Employer Counsel
Borden Ladner Gervais LLP |
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Anne Gregory
Union Counsel
Canadian Union of Public Employees |
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| SPEAKERS: |
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Madeleine Loewenberg
Employer Counsel
Sherrard Kuzz |
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Leanne MacMillan
Union Counsel
Canadian Union of Public Employees |
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ISSUES:
Perhaps the most rapidly developing area of law which arbitrators, courts and adjudicators struggle with is the duty to accommodate disabled employees. In this popular advanced session, Lancaster's panel of experts will examine the outer limits of the law of accommodation. Our panel will build on the basic principles of the duty to accommodate, focusing on current approaches to the most difficult issues, including:
- What triggers the employer's duty to accommodate? How much information must the employee provide to the employer in order to receive accommodation? Is there a duty on employers to make inquiries if it suspects that an employee has a medical condition?
- What factors are taken into account in determining whether accommodative measures would cause undue hardship? Only those listed in human rights legislation? Or such concerns as productivity, the size of the employer's operations, operational efficiency, duration of recovery, effect on morale and/or impact on collective agreement rights?
- How far is the employer required to go to meet its duty to accommodate? Bundle job tasks? Remove other employees from jobs or assignments? Allow for job sharing?
- When are employers required to adjust attendance or performance expectations for accommodated workers? Is the employer required to pay benefits premiums for employees absent on disability? Must employers make up for wage reductions the employee suffers in an accommodated position? Or pay for an employee's commute where the employee was transferred?
- When can the employer hold a disabled worker out of service or refuse a proposed accommodation on health and safety grounds?
- Is the scope of the employee's duty to cooperate in the accommodation process, including the obligation to request accommodation and to provide medical information to support the claim of disability, different in cases involving addiction? Mental health problems?
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| Q
& A: |
Gather
your colleagues around a speakerphone in your own office or boardroom. Have the
opportunity to ask questions in the Question & Answer portions of the sessions.
An additional 15 minutes will be added at the end of the session for those who
wish to continue with Q & A. |
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| MATERIALS: |
Valuable,
up-to-date materials and case summaries will be available for downloading from
our website. |
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| REGISTRATION
FEE: |
$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. |
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| CDs: |
Audio conference CDs, including a PDF copy of the materials from the conference, are available for $175 + GST per conference ($75 + GST for registrants). Click here to order. |
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| REGISTRATION
INFORMATION: |
When you register,
you'll be given a toll-free number to dial at the time of the
session and an access code to join the call. For additional program and registration information,
call Lancaster House at 416-977-6618 or register now. |
