Home|Audio Conferences|Accommodating Disability in the wake of COVID-19

Accommodating Disability in the wake of COVID-19: What rules apply? What has changed?

Tuesday, September 15, 2020, 12:30 pm - 2:00 pm EDT



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Moderators


Jon Chapnick

Lawyer/Workplace Consultant
Portage Legal Services
Anne Gregory

Legal Counsel
Manitoba Nurses Union

Speakers


Philip Abbink

Union Counsel
Cavalluzzo LLP
Maggie Campbell

Employer Counsel
Roper Greyell LLP
Merv Gilbert

Partner
Vancouver Psych Health and Safety Inc.

Issues

COVID-related restrictions raise a host of novel issues regarding the accommodation of employees with disabilities. Public health guidelines, including those applicable to remote work and physical distancing, may impact current accommodations or give rise to a need for new ones. The economic downturn may limit the availability of work and accommodation options, and pandemic conditions may exacerbate anxiety and depression.

In this session, legal and medical experts will address the intersections between ongoing pandemic restrictions and the duty to accommodate employees with disabilities, including issues such as the following:

  • Is an employer's duty to inquire into an employee's possible need for accommodation altered during the COVID-19 pandemic, particularly for those working from home, when otherwise "telltale" signs may not be obvious? What factors or signs should employers and unions look for in deciding whether to inquire about mental health issues?
  • Do employers have a duty to accommodate employees experiencing stress or mental distress as a result of COVID-related conditions?
  • Should employers and/or unions proactively initiate communications with employees known to have mental health disabilities regarding possible deterioration or relapse? Could such contact be considered discriminatory or privacy-invasive?
  • What are an employer's accommodation obligations to an employee who is not sick but has a particular vulnerability to COVID-19, such as a compromised immune system? If an employer is aware that an employee is high-risk due to an existing disability, can/should the employer ask the employee about accommodation?
  • Can the duty to accommodate require an employer to bear the cost of modifying a home workspace if attendance at the office is not possible?
  • What are an employer's accommodation obligations where an employee with a mental health disability has difficulty working remotely due to environmental stressors at home?
  • What happens to hours-of-work adjustments where the whole workforce is put on staggered hours to avoid workplace crowding or travel during peak periods?
  • If the duties pertaining to an accommodated position change or disappear due to COVID-19, how far is an employer required to go to find other duties pending a return to "normal" business? Can/should a permanent employee be placed in a temporary position if that is the only suitable one? Must an employer continue to pay wages to the employee if no other work is available?
  • In light of COVID-related restrictions, should employers accept accommodation requests without medical documentation or with only limited documentation?
  • How might the undue hardship analysis be impacted by COVID-19 conditions? Are undue hardship claims based on financial cost or on the employer being overwhelmed with requests for accommodation by other employees in similar situations more likely to succeed?

Additional Information

MATERIALS
Valuable, up-to-date materials and case summaries will be available for downloading from our website. Each audio conference is accompanied by a PDF of concise summaries of the cases discussed.

AUDIO FILES
Audio conference MP3 files are available for $265. Those who have purchased the live audio conference may purchase the corresponding downloadable audio MP3 file for the discounted price of $165.

The recorded MP3 file and materials are available for download one business day after the live audio conference. After purchasing, you will receive an e-mail with instructions on how to access and download the audio conference MP3 file and materials by visiting My Account and selecting Order History. For audio file purchases for upcoming audio conferences, once the MP3 file is available through our site, registrants will receive an update e-mail informing them that the links are now ready.

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