Overview

Expanding Knowledge

Research Program

Conclusion

There are many more obstacles to accommodation for environmental sensitivities than there are to many other disabilities. A person with sensitivities may find it difficult to understand his or her condition and its triggers, and may then find it difficult to explain and document these to employers and service providers. Successful accommodations require innovative strategies to minimize or eliminate exposure to triggers through their elimination or removal from the environment or through avoidance of the environment. Individuals normally excluded from the accommodation process, such as colleagues, other service recipients and neighbours, must actively participate in many accommodations of people with environmental sensitivities if the accommodation is to be successful. Employers and service providers must be willing to develop and utilize enforcement mechanisms to compel compliance where it is not provided voluntarily. These hurdles are largely unique to environmental sensitivities.

Appendix A: Research Methodology

Literature Review and Consultations

The researchers began by conducting a review of secondary literature resources on environmental sensitivities, accommodation for them and relevant case law. Such documents, identified through electronic database searches, the consultation process, and hard-copy indices, broadened the review of jurisprudence and provided contextual information on environmental sensitivities.

Simultaneously, the researchers contacted representatives of domestic and international human rights agencies and organizations with expertise in environmental sensitivities. The researchers were able to identify relevant literature, jurisprudence, best practices and standards through their consultation. Additionally, the researchers were able to confirm their conclusions on the state of the case law in each jurisdiction through this process.

The researchers have incorporated in this report the information gathered through the literature review and consultation.

Legal Database Search

The researchers examined the jurisprudence in each Canadian jurisdiction from human rights tribunals and the courts, and in union arbitration decisions. Similarly, the researchers reviewed relevant jurisprudence and administrative decisions in New Zealand, Australia, the United States and the United Kingdom. Cases of significance were subsequently noted to follow the development of the jurisprudence and considerations applied in the past.

The researchers used a number of terms in their searches, but the primary terms used were "environmental sensitivity," "chemical sensitivity," "environmental illness," "asthma" and "allergy."

After identifying relevant case law, the researchers reviewed the decisions to identify emerging themes, patterns and rules.