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.

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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