LAW 529 Chapter Notes - Chapter 5: Objective Test, Ontario Human Rights Commission, Ontario Human Rights Code
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Code only cites three factors: costs, outside sources of funding, health and safety. However, in the case of central okanagan school district no. 23 v. renaud, the scc held that there may be other relevant considerations. Its applicability in ontario has not yet been tested. Adapt existing requirements to enable disabled individual to carry out essential duties, up to the point of undue hardship. Scope of the duty: may include changes to the layout of the workplace, may require changing the way that work is done, individualized testing. Employer may be required to cobble together a job from other people"s job duties (essex police case) Ee must be able to perform a useful and productive job. Accommodation: rehabilitation program or time off to attend a program. If an employee doesn"t benefit from rehabilitation efforts, an employer that is fair and consistent in applying its policies is not required to hold a job open indefinitely (chopra v. syncrude canada).