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The footnotes from Professor Lynk's article have been removed from this publication. The Employer's Duty to Accommodate The essence of the duty is simple to state: Employers in Canada are required to make every reasonable effort, short of an undue hardship, to find an accommodation for an employee with a disability.Its outer boundaries, however, are much harder to determine.Editor's Note: Editor's Note: Michael Lynk is a professor of law at the University of Western Ontario.The article set out below is a summary of information presented by Professor Lynk at his presentation given to the Public Service Alliance of Canada in September, 1999.If you need financial advice, consult a qualified accountant.** "Disabled children are equally entitled to an exciting and brilliant future. whether they stem from poor access to facilities; poor education; lack of transport; lack of funding; or unavailability of equipment such as children's wheelchairs. Each time Phillip fell, Rodriguez tried to persuade him that he couldn't possibly hold on, but he insisted on trying again. "I was crying; his mother was crying; even the driver was crying. It was something we totally knew couldn't happen, but he knew it would happen." More and more children like Phillip are participating in sports and recreational activities, and more and more disabled young athletes are doing what was once considered impossible.Only then will the rights of the disabled to equal opportunities become a reality. One reason is that there are a growing number of recreational and sporting opportunities for handicapped children.
Ownership of an assistance animal—even if registered or certified as such—does not automatically qualify an individual as “disabled” under fair housing law.
Following these simple suggestions will help people with disabilities to fully participate in work-based learning experiences. You and the interns with whom you work will have opportunities to generate uniquely effective ideas.
By "low vision" we are referring to people who have a visual impairment but have some usable sight. For people who have low vision, standard written materials may be too small to read and objects may appear blurry.
Consistent with the Supreme Court of Canada's direction in O'Malley, Central Alberta Dairy Pool, and Renaud, the initial burden is upon the employer to reasonably accommodate the employee's mental or physical disability.
To prove that its accommodation efforts were serious and conscientious, an employer by law is required to engage in a three step process: First, determine if the employee can perform his or her existing job as it is.