The duty to accommodate involves eliminating or changing rules or practices that discriminate against people based on a group characteristic (eg. race, religion, age, sex, disability). The “duty to accommodate” is a legal concept that has developed in Canada through legislation and cases that have been taken to the Supreme Court of Canada. During this presentation Murphy Battista LLP will review the following topics:
A duty to accommodate is most often applied in situations involving persons with disabilities. Accommodation often involves removing physical barriers for a class of people, but it can also mean accommodating the individual needs of an employee.
The duty to accommodate an employee (or potential employee, student etc.) has to be reasonably balanced with the employer’s considerations such as undue hardship, safety, and the requirements of the job. The reality is that employers may not think of creative and low cost solutions for accommodation, and this can create barriers to employment for persons with disabilities.
This session will introduce participants to the concept of duty to accommodate and provide practical examples and tips for navigating these issues in the workplace.
Dianna comes from rehabilitation medicine background and before becoming a personal injury lawyer and joining Murphy Battista LLP, she worked as an Occupational Therapist (OT) in the Okanagan for many years.
During her career as an OT, Dianna’s work for ICBC, insurance companies, WCB, and law firms, provided her with considerable expertise in the rehabilitation of persons with complex medical needs. Dianna has been accepted as an expert witness and has provided testimony in the BC Supreme Court on numerous occasions, as well as providing testimony in BC Human Rights Tribunal cases.