Case Study 1

Olivia Yung

ID: 20714176

August 5, 2020
 This case focuses on a unionized employee named Ben who worked as a forklift
driver for many years. He was moved into the production line and developed a medical
condition that required more washroom breaks. The increase in washroom breaks
meant that Ben was not able to meet production quotas. The company states that they
are losing money because Ben is not meeting his quotas and that they should not have
to accommodate to him because this would result in undue hardship. Ben says he has
been discriminated as a result of his medical condition and it does not seem like the
company has done enough to even attempt to accommodate him.

The case does not state if Ben had requested for accommodation or if the
company even attempted to accommodate him in any way. Reasonable
accommodation is an important feature of the human rights legislation and Ben believes
that he is being discriminated because of his medical condition. The Commission des
droits de la personne et des droits de la jeunesse states that, “Reasonable
accommodation is an obligation. As such, employers and service providers have an
obligation to actively find a solution allowing employees, clients, or recipients to fully
exercise their rights”. The company has not actively looked into Ben’s case or tried to
come up with any solutions to accommodate his medical condition. This would not
qualify as a Bona Fide Occupational Requirement either because it does not fulfill the
third question used to assess discrimination. It is not impossible to accommodate Ben
and there could have been many ways to address the issue. On the flip side, the
company states that they are losing money because Ben is being paid while he is on his
washroom breaks and not reaching his production quotas. The loss of money
constitutes undue hardship. The Ontario Human Rights Commission states that, “Costs
will amount to undue hardship if they are shown to be related to the accommodation
and so substantial that they would alter the essential nature of the enterprise, or so
significant that they would substantially affect its viability”. However, since Ben was a
unionized employee, he does not have the right to sue the company. He is only able to
file a grievance if the company violated the union’s collective agreement.

I believe that Ben’s side has stronger arguments because it is the company’s
responsibility, as well as the union’s responsibility, to come up with solutions on
accommodation and how to address the issue. The company must accommodate Ben
even despite the collective agreement and the Ontario Human Rights Commissions
states that, “Even if an accommodation would cause undue hardship, the
accommodation provider is required to find the next-best solution”. The company did
not look into Ben’s medical condition and accommodate him any way since he acquired
this medical condition. The Code (Ontario Human Rights Code) requires
accommodation to the needs of employees and “if an employer fails to appropriately
explore and individually assess accommodation options, this can be viewed as a
separate breach of the Code” (Meiorin, supra note 6 at para. 65 and Grismer, supra
note 7).

This case can be addressed in a number of ways. The company can look into
his medical condition and can try to accommodate his workspace to be moved closer to
a washroom. The company could also temporarily reduce Ben’s production quota to
allow him to get used to his medical condition and that changes in his daily life. This
would not strain the company’s budget too much as it would just be a temporary
change. Since Ben has been with the company for so long, the company could look
into a possible job transfer for him so that he can work in a position that is less stressful
for him.
 References

8. Meeting the Accommodation Needs of Employees on the Job. www.ohrc.on.ca/en/iv-human-

rights-issues-all-stages-employment/8-meeting-accommodation-needs-employees-job.

“14. Undue Hardship.” Ontario Human Rights Commission, www.ohrc.on.ca/en/policy-

preventing-discrimination-based-mental-health-disabilities-and-addictions/14-undue-
hardship.

Dessler, Gary, and Nita Chhinzer. Human Resources Management in Canada. Pearson, 2020.

Reasonable Accommodation. www.cdpdj.qc.ca/en/droits-de-la-personne/responsabilites-

employeurs/Pages/accommodement.aspx.

“What Is the Duty to Accommodate?” What Is the Duty to Accommodate? | Canadian Human
Rights Commission, www.chrc-ccdp.gc.ca/eng/content/what-duty-accommodate.