Karimjee Greene LLP is proud to announce its sponsorship for the annual St. Patrick’s Day Achilles event held on March 12, 2017 hosted by DeafBlind Ontario.
By Karimjee Greene LLP March 13, 2017
Kumail Karimjee was recently quoted in an article outlining the types of medical documentation required when a disability claim is made for accommodation.
To read the full article and the OHRC policy statement, click here.
By Karimjee Greene LLP March 6, 2017
A provincial review of workplace laws could overtake a class-action lawsuit by Canadian Uber drivers who want the company to recognize them as employees. The recently filed proposed class action is the latest in a series of suits brought in various jurisdictions alleging Uber drivers are employees, rather than independent contractors, as the ride-sharing company currently categorizes them.
By Karimjee Greene LLP March 3, 2017
Kumail Karimjee is honoured to be co-chairing the Law Society of Upper Canada’s upcoming 18th Annual Employment Law Summit. The seminar will take place on October 18, 2017.
More information to come.
By Karimjee Greene LLP February 24, 2017
Kumail Karimjee will be speaking at the Ontario Bar Associations 15th Annual Current Issues in Employment Law seminar on strategies for managing professionalism challenges in employment mediation. The seminar will take place on May 4, 2017.
See full program agenda here.
By Karimjee Greene LLP
When an employee makes a disability-related request for accommodation, the employer has a legal duty to accommodate the request up to the point of undue hardship. However, problems can arise when an employee provides medical documentation too ambiguous to support the request, or when an employer requests more medical information than is required to determine the appropriate accommodation.
The Ontario Human Rights Commission recently released a policy position statement which sheds some light on what medical information should be provided to support an accommodation request.
The Type and Scope of Medical Information:
The policy position, as well as section 8.7 of the OHRC’s Policy on ableism and discrimination based on disability, address the type and scope of medical information that an employee should provide when requesting accommodation. This information should include:
– that the person has a disability
– the limitations or needs associated with the disability
– whether the person can perform the essential duties or requirements of the job, with or without accommodation
– the type of accommodation(s) that may be needed to allow the person to fulfill the essential duties or requirements of the job
– regular updates about when the person expects to come back to work, if they are on leave
Generally, the accommodation provider is not entitled to know a person’s confidential medical information, including the cause of the disability, diagnosis, symptoms or treatment, unless these clearly relate to the accommodation sought, or the person’s needs are complex, challenging or unclear and more information is needed.
Respecting the Employee’s Privacy and Dignity: Focus on the Functional Limitations, Not the Diagnosis
Employers should be careful to provide accommodation in a way that respects the dignity and privacy of persons with disabilities. This means that:
– When requesting medical information, the focus should always be on the functional limitations associated with the disability, rather than a person’s diagnosis.
– Overboard requests for private medical information such as diagnostic information, coupled with stigma against disabilities, can mean that requests for diagnostic information pose a barrier to requests for accommodation.
– Where an organization requires more information about a person’s disability, the information requested must be the least intrusive of the person’s privacy, while still providing sufficient information to make an informed decision about accommodation.
Stay tuned for a follow-up post on when an employer can request an Independent Medical Examination from an employee who has requested accommodation for a disability.
By Karimjee Greene LLP February 23, 2017
Karimjee Greene LLP recently sponsored the Assaulted Women’s Hotline at the Helpline Gala, an evening dedicated to fundraising and continuing to raise awareness for violence against women, in Ontario and beyond..
By Karimjee Greene LLP November 10, 2016
Kumail Karimjee spoke at the Law Society of Upper Canada’s 17th Annual Employment Law Summit. Kumail addressed the topic of constructive dismissal.
Read Kumail’s paper here.
By Karimjee Greene LLP October 18, 2016
Kumail Karimjee spoke at an event hosted by the Cooperative Housing Federation of Toronto on Aging in Place. He discussed human rights, housing and the duty to accommodate residents with disability related needs.
By Karimjee Greene LLP April 27, 2016