Discipline versus Accommodation: A roadmap to dealing with disability-related misconduct

While it can be difficult for workplace parties to identify and implement suitable accommodations for a disabled employee at the best of times, the issue becomes even more challenging when the disability contributes to misconduct. Should an employee with a substance use disorder be disciplined following a workplace incident, or will accommodations be required? What if an employee’s psychological condition causes disruption in the workplace, or the employee threatens or harasses others? How can employers and unions address the employee’s behaviour while at the same time meeting their obligations to others who are entitled to a safe workplace? This interactive workshop will explore a range of legal issues in this area and provide practical guidance to employer and union representatives who must respond to disability-related misconduct.

Work through realistic scenarios with the guidance of seasoned experts and gain the skills and knowledge necessary to:

• Recognize behaviours or warning signs that will give rise to the duty to inquire
• Identify suitable accommodations for disabilities that might give rise to misconduct
• Determine whether an accommodative measure constitutes an undue hardship
• Evaluate the role of last chance agreements in establishing undue hardship
• Understand how to apply the hybrid approach in order to differentiate between culpable and non-culpable conduct

MATERIALS
Includes materials, with case summaries and analyses, prepared by Lancaster's legal staff.