Moderator

Lynne Poirier

Arbitrator/Mediator
Vice-Chair, Canada Industrial Relations Board

Speakers

Sevda Mansour

Legal Counsel
Ontario Nurses’ Association

Dr. Shawn Marshall

Full Professor
Department of Medicine
University of Ottawa

The Ottawa Hospital
Rehabilitation Centre

Rebecca Silverberg

Employer Counsel
McLennan Ross

April 11, 2024

Challenges often arise in accommodating employees with conditions that cannot be identified by a clear diagnostic test or that are not yet well-understood within the medical community. In this session, experts will address these challenges, answering questions including:

  • What are common medical conditions that elude diagnosis, or that are considered “diagnoses of exclusion”? Why does “long COVID” fall within that list?
  • Is a definitive diagnosis, or “objective evidence,” necessary to establish disability? How should employers and unions respond where there is a lack of available medical practitioners with the requisite knowledge or experience to assess and attest to the condition?
  • How can employers and unions effectively formulate requests for medical information where an employee’s condition cannot be confirmed using a clinician’s diagnostic test?
  • When sick leave abuse is a concern, how can an employer distinguish between employees who have genuine, difficult-to-diagnose disabilities, and employees who are feigning illness? May an employer discipline or dismiss an employee who is frequently absent, underperforming, or exhibiting atypical workplace behaviours but who asserts that it is due to an as-yet undiagnosed disability?
  • How do the stereotypes and stigmas associated with these medical conditions contribute to the challenge of providing accommodation?

What types of accommodations may be of assistance to an employee suffering from persistent or chronic symptoms that may impact their ability to work? For example: What measures may assist an individual with long COVID?

CPD

CPD Alberta
This program has been approved for Continuing Professional Development 1.5 hours under Category A of the Continuing Professional Development (CPD) Log of the Human Resource Professionals Association (HRPA).
CPD BC and Yukon
This program has been approved by CPHR BC & Yukon for 1.5 Continuing Professional Development hours.
CPD Alberta
This program has been approved by CPHR Alberta for 1.5 Continuing Professional Development hours.

CPD

  • This program has been approved by the Law Society of British Columbia for 1.5 Continuing Professional Development hours.
  • This program has been approved by the Law Society of Saskatchewan for 1.5 Continuing Professional Development hours.
  • Members of the Law Society of Ontario may consider counting this program for 1.5 Substantive Hours; 0 Professionalism Hours.
  • Members of the Law Society of New Brunswick may consider this program for 1.5 Continuing Professional Development hours.
  • Members of the Nova Scotia Barristers’ Society may consider this program for 1.5 Continuing Professional Development hours.
Published On: April 11th, 2024