Employment Law: Analysis of Accommodating Sick Employees' Rights

This report delves into the complexities of employment law, particularly the duty to accommodate employees experiencing illness or disability. It begins by outlining the Canadian Human Rights Law (CHRA) which prohibits discrimination in the workplace based on disability, including both physical and mental illness, and mandates employers to accommodate such employees unless it causes undue hardship. The report then discusses the legal issues arising from the accommodation process, including the Supreme Court's ruling in Meorin's case and the potential liability of employers who fail to initiate accommodation. The report presents conflicting opinions on the matter, highlighting the challenges faced by employers when accommodating employees who may be using the process to avoid performance-based consequences. Finally, the report concludes with a personal opinion on the fairness of keeping a job open for an extended period for a sick employee, emphasizing the lack of assurance regarding the employee's ability to perform effectively upon return. The report also includes a reference list of relevant sources.

Running head: EMPLOYMENT LAW
Employment Law
Name of the Student
Name of the University
Author Note

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Table of Contents
Thesis Statement..............................................................................................................................2
Summary of legal issue....................................................................................................................2
Contradicting opinions.....................................................................................................................2
Personal opinion..............................................................................................................................3
Reference List..................................................................................................................................4

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Duty of the Employer to Accommodate Serious Illness: Is it fair to Employers and Co-Workers
to Keep a Job Open for Years for a Sick Employee?
Thesis Statement
Canadian Human Rights Law [CHRA] prohibits discrimination at workplace on the
grounds of disability, which includes both physical and mental illness. The employers are
obligated to exercise duty to accommodate such employees unless it causes undue hardship to
the employers in terms of safety, cost and health. The duty to accommodate purports to remove
discriminatory hindrances associated with the employee thus enabling him or her to enjoy the
employment benefits.
Summary of legal issue
In Meorin’s case, the Supreme Court ruled the employers who do not initiate
accommodation process might be liable under the Human Rights law, giving rise to legal issues.
Further, at time despite initiating accommodation process, employees refuse to accept the same
and cause undue hardships to the employers in terms of costs or safety. Under such
circumstances, they are terminated and they bring legal proceedings against the employer for
terminating them on the ground of discrimination.
Contradicting opinions
Since the duty to accommodate the employees suffering from illness or disability has the
right to be accommodated, the employers are obligated to inquire about situations that establish
the fact that the employees are sick and needs to be accommodated. However, there are instances
where poor performing employees seek medical distress or leaves as they consider the duty to

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accommodate as a shield against the risk of being dismissed. The employers have a legal and
valid reason to terminate such employees.
Personal opinion
In my opinion, the duty to accommodate employees has been incorporated to facilitate
employees who are disabled either physically or suffering from mental condition. The
opportunity to keep a job open for employee who takes leaves for their illness for years is only
unfair to those who deserve the job position. This is because there is lack of assurance about the
fact that the employee would be able to perform equally well when he resumes his job after
being cured.

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Reference List
Legal report: Dealing with the duty to accommodate. (2018). CANADIAN LAWYER. Retrieved
fromhttp://www.canadianlawyermag.com/article/legal-report-dealing-with-the-duty-to-
accommodate-106/#tab_1
Prince, M. J. (2016). Inclusive Employment for Canadians with Disabilities: Toward a New
Policy Framework and Agenda. IRPP Study, (60), 1.