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AUDIO
CONFERENCE
Accommodating "Invisible" Disabilities: Environmental allergies, chronic fatigue syndrome, cognitive impairment, mental stress
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| WHEN: |
Thursday, November 12, 2009
12:30 p.m. – 2:00 p.m. EST
Playback: Monday, November 16, 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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Anne Gregory
Union Counsel
Canadian Union of Public Employees |
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Erin Kuzz
Employer Counsel
Sherrard Kuzz LLP |
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| SPEAKERS: |
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Ray Baker
Director, HealthQuest Occupational Health Corporation |
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James Cameron
Union Counsel
Raven, Cameron, Ballantyne and Yazbeck |
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Peggy O’Brien
Employer Counsel
Lawson Lundell |
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ISSUES:
What steps should be taken in dealing with an employee who is suspected of suffering, or claims to be suffering, 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? What is an "invisible" disability and how does it differ from other disabilities? When do invisible disabilities like stress, chronic pain and mental illness require accommodation?
- When is the duty to accommodate triggered? When will arbitrators impute to employers "constructive knowledge" of a disability? Does inappropriate or anti-social behaviour trigger a duty on the employer's part to inquire about an employee's mental health?
- 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? What measures should be put in place to ensure an employee's privacy?
- What effect does employee intransigence have on the duty to accommodate? 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?
- Is the employer obliged to determine whether misconduct by an employee is a matter for discipline or the result of a disability that requires accommodation? Does the "hybrid test," requiring a separate consideration of culpable and non-culpable behaviour, still apply?
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This program has been accredited by the Law Society of Upper Canada towards the professional development requirement for certification.
Labour Law 1.5 hours |
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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) plus shipping & handling. 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. |
