{"id":640,"date":"2016-12-21T16:09:34","date_gmt":"2016-12-22T00:09:34","guid":{"rendered":"http:\/\/schenklaw.ca\/?p=640"},"modified":"2019-07-04T13:38:51","modified_gmt":"2019-07-04T21:38:51","slug":"workplace-accommodation-is-a-quasi-constitutional-right","status":"publish","type":"post","link":"http:\/\/schenklaw.ca\/?p=640","title":{"rendered":"Workplace Accommodation is a Quasi-Constitutional Right"},"content":{"rendered":"<p><a href=\"http:\/\/www.canlii.org\/fr\/qc\/qcca\/doc\/2015\/2015qcca1048\/2015qcca1048.html\">Commission de la sant\u00e9 et de la s\u00e9curit\u00e9 au travail c. Caron, 2015 QCCA 1048 (CanLII)<\/a>, concerns accommodation of an injured employee. The Court in this case says that the human rights legislation supersedes all other legislation and is quasi-constitutional in nature. The employer cannot remove themselves from the human rights regime on the basis of other legislation, such as labor laws that need to be informed to the employees, so the use of posters with this information is essentialand to get these you can <a href=\"https:\/\/www.laborlawcc.com\/new-york-labor-law-posters-state-and-federal-combo.html\">go to LaborLawCC.com<\/a> to  find these resources for your company<br \/>\nIn human rights terms, accommodation is the word used to describe the duties of an employer, service provider or landlord to give equal access to people who are protected by Ontario\u2019s Human Rights Code (Code). This includes, for example, people with disabilities, seniors and youth, people from racialized communities, families, single parents, recent immigrants, and all individuals identified with a ground of discrimination recognized under Ontario\u2019s Human Rights Code.<\/p>\n<p>The duty to accommodate recognizes that people have different needs and require different solutions to gain equal access to services, housing and employment. To accommodate someone means to remove the barriers which prevent people from gaining access to jobs, housing, and the use of goods, services and facilities (e.g. public transit or schools).<\/p>\n<p>If you are a person who has Code-protected rights, this means that an employer, service provider or landlord has a positive duty to change the way they provide workspace, services, or housing (e.g. by making physical changes or by changing their practices or policies) to make it easier or possible for you to participate in the workplace, participate in the service or facility or access housing.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Commission de la sant\u00e9 et de la s\u00e9curit\u00e9 au travail c. Caron, 2015 QCCA 1048 (CanLII), concerns accommodation of an injured employee. The Court in this case says that the human rights legislation supersedes all other legislation and is quasi-constitutional in nature. The employer cannot remove themselves from the human rights regime on the basis [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,4,2,1],"tags":[],"class_list":["post-640","post","type-post","status-publish","format-standard","hentry","category-employment-law","category-human-rights-law","category-labour-law","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/posts\/640","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=640"}],"version-history":[{"count":0,"href":"http:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/posts\/640\/revisions"}],"wp:attachment":[{"href":"http:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=640"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=640"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=640"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}