Dealing With the Duty to Accommodate-Free-Samples for Students

Question: Discuss about the Duty of the Employer to Accommodate Serious Illness: Is it fair to Employers and Co-Workers to Keep a Job Open for Years for a Sick Employee? Answer: Thesis Statement Canadian Human Rights Law [CHRA] prohibits discrimination at workplace on the grounds of disability, which includes both physical and mental illness. The employers are obligated to exercise duty to accommodate such employees unless it causes undue hardship to the employers in terms of safety, cost and health. The duty to accommodate purports to remove discriminatory hindrances associated with the employee thus enabling him or her to enjoy the employment benefits. Summary of legal issue In Meorins case, the Supreme Court ruled the employers who do not initiate accommodation process might be liable under the Human Rights law, giving rise to legal issues. Further, at time despite initiating accommodation process, employees refuse to accept the same and cause undue hardships to the employers in terms of costs or safety. Under such circumstances, they are terminated and they bring legal proceedings against the employer for terminating them on the ground of discrimination. Contradicting opinions Since the duty to accommodate the employees suffering from illness or disability has the right to be accommodated, the employers are obligated to inquire about situations that establish the fact that the employees are sick and needs to be accommodated. However, there are instances where poor performing employees seek medical distress or leaves as they consider the duty to accommodate as a shield against the risk of being dismissed. The employers have a legal and valid reason to terminate such employees. Personal opinion In my opinion, the duty to accommodate employees has been incorporated to facilitate employees who are disabled either physically or suffering from mental condition. The opportunity to keep a job open for employee who takes leaves for their illness for years is only unfair to those who deserve the job position. This is because there is lack of assurance about the fact that the employee would be able to perform equally well when he resumes his job after being cured Reference List Legal report: Dealing with the duty to accommodate. (2018). CANADIAN LAWYER. Retrieved fromhttps://www.canadianlawyermag.com/article/legal-report-dealing-with-the-duty-to-accommodate-106/#tab_1 Prince, M. J. (2016). Inclusive Employment for Canadians with Disabilities: Toward a New Policy Framework and Agenda. IRPP Study, (60), 1.