Human Rights and the Return to Work: The State of the Issue Research presented to the Canadian Human Rights Commission By Marie-Claude Chartier April 28, 2006 The opinions expressed in this report are those of the author and do not necessarily reflect the views of the Canadian Human Rights Commission. This report is also available in .pdf format Comments? Send us an email.
Table of Contents Abbreviations Introduction Part I. The characteristics of long-term absenteeism in Canada Part II. Health changes in employees 2.1 The medical certificate and the collection of medical data 2.2 Medical examinations 2.3 Screening tests
Part III. Protection against discrimination based on disability, pregnancy or marital status 3.1 The right to equality under the Canadian Human Rights Act 3.2 The duty to accommodate 3.3 Undue hardship with respect to health and safety 3.4 Undue hardship with respect to cost 3.5 Other factors in the assessment of undue hardship 3.6 The duty to accommodate in cases of excessive absenteeism 3.8 The obligations of the union in seeking accommodation
Part IV. Examples of accommodation imposed by the courts 4.1 Drug or alcohol dependence 4.2 Psychological illnesses 4.3 Pregnancy 4.4 Family status
Part V. The management of absenteeism: a continuing strategy 5.1 A workplace disability management program 5.2 Cooperation and dialogue 5.3 Working conditions that promote the physical and mental health of employees 5.4 Training and education 5.5 Planning the return to work
Conclusion Bibliography Footnotes
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