Published on December 18, 2007 by Donna Seale
Thanks to Workplace Prof blog for a post noting the publication of the paper entitled "Disability and Work: The Transformation of the Legal Status of Employees with Disabilities in Canada" by University of Western Ontario Professor Michael Lynk. The paper’s abstract is as follows:
Abstract:
The rise of the accommodation duty, and particularly the accommodation rights of employees with disabilities, has been the greatest single innovation within Canadian labour law over the past twenty years. High Law principles on disability accommodation have been developed through a series of Supreme Court of Canada rulings, and these principles have been applied through the voluminous Low Law decisions of labour arbitrators and human rights tribunals. This article examines the dismal employment status of employees with disabilities in Canada, traces the emergence of the Supreme Court of Canada rulings, and critically examines the caselaw on disability accommodation from labour arbitrators, human rights tribunals and the common law courts. Although Canadian labour law transplanted the accommodation duty from the early civil rights jurisprudence in the United States, recent Canadian law on disability accommodation has headed in a much different direction than its American progenitor.
You can download the paper here.
I had the privilege of obtaining my own copy of this paper at the Pitblado Lectures I attended back in November (mentioned in a previous post). While the paper is a lengthy read, it provides, in trademark Professor Lynk style, a thorough tracing of the history of the law on accommodation of disability in the workplace in Canada. I highly recommend you take the time to read it.
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Donna M. Seale B.A., LL. B.
Human Rights Lawyer
and Educator
