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1. Section IV: Using the tools

   From: Balancing conflicting rights: Towards an analytical framework

   A number of conflicting rights scenarios and their potential resolutions have been presented throughout this paper in order to illustrate specific balancing tools. This section of the paper will utilize each of the tools noted above by working through one timely example of conflicting rights: same-sex marriage and civil marriage commissioners. This example has been chosen not only for its currency, but also because it encompasses both the service and employment contexts.

2. Duty to accommodate

   From: Policy on drug and alcohol testing

   Section 17(2)

   Section 17(2) provides that an employee shall not be found incapable of performing the essential duties of a job unless it would cause undue hardship to accommodate the individual employee's needs, taking into account the cost of the accommodation and health and safety concerns.

   Sections 17(1) and 17(2) provide a two-stage test for the validity of a workplace drug and alcohol testing policy.

3. 8. Meeting the accommodation needs of employees on the job

   From: Human Rights at Work 2008 - Third Edition

   a) Duty to accommodate to the point of undue hardship

   The Code requires an effort, short of undue hardship, to accommodate the needs of persons who are protected by the Code. It would be unfair to exclude someone from the workplace or activities in the workplace because their Code-protected needs are different from the majority. The principle of accommodation applies to all grounds of the Code, but accommodation issues in employment most often relate to the needs of:

4. Discrimination based on disability and the duty to accommodate: Information for employers

   In employment, people with disabilities are entitled to the same opportunities and benefits as everyone else. “Employment” includes employees, independent contractors and volunteers. The Code prohibits discrimination based on someone’s disability in all aspects of the employment relationship.

5. 7. Consequences of a positive test

   From: Policy on drug and alcohol testing 2016

   7.1. Duty to accommodate

6. Creed and the duty to accommodate: A checklist for accommodation providers

   Before you receive an accommodation request

   Minimize the need for accommodation up front by inclusively designing policies, rules, procedures, practices and spaces with everyone in mind (including people of diverse creed faiths).

   Create an open, inclusive and safe environment free of discrimination and harassment so that people feel safe and welcome to express or observe their creed and ask for creed-related accommodations, without fear of reprisal or stigma. For example, you could:

7. Disability and human rights (brochure)

   2011 - The Ontario Human Rights Code (the Code) provides for equal rights and opportunities, and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario. It applies to the areas of employment, housing, facilities and services, contracts, and membership in unions, trade or professional associations. At work, employees with disabilities are entitled to the same opportunities and benefits as people without disabilities. In some cases, they may need special arrangements or “accommodations” so they can do their job duties.

8. Summary of the HRTO’s Reconsideration Decision in Tang v. McMaster University

   Mr. Tang alleged that the respondents, McMaster University, the Faculty of Health Sciences, the Centre for Student Development and the Medical Sciences Graduate Program, breached the Human Rights Code by failing to meet their substantive and procedural obligations to accommodate him. 

9. 8. The duty to accommodate

   From: Policy on preventing discrimination because of gender identity and gender expression

   Under the Code, employers and unions, housing and service providers have a legal duty to accommodate the needs of people because of their gender identity or gender expression, unless it would cause undue hardship. The goal of accommodation is to help everyone have equal opportunities, access and benefits. Failure to accommodate may lead to a finding of discrimination under the Code.

10. 9. More about disability-related accommodation

    From: Human Rights at Work 2008 - Third Edition

    Accommodating the needs of persons with disabilities is one of the most common human rights issues in the workplace. While the principles and concepts described above also apply here, this section highlights specific issues that employers may face when responding to requests for accommodation made by employees with disabilities.

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