The duty to accommodate the injured and the disabled employees - Essay Example

Three steps processes used to determine if the employer has made conscientious efforts on accommodation of the less fortunate employee: first is to know if the employee can perform his or her existing job. If the employee cannot, then establish if he or she can perform his or her current job if modified, if still he or she cannot, then determine if he or she can perform any other job existing re-bundled or modified job (David Morton Rayside, 2007). Disability is something that hinders an individual in undertaking life important functions.

It may mean mental, psychological, physical, or even habitual. Of all the most complicated, as many employers claim, is mental incapacitation especially when the employee has to get into contact with clients, and habitual disabilities like drug dependency and alcoholism. They tend to be tricky even more than other health complications (David Morton Rayside, 2007). The importance of Human Rights Legislation, as it relates to disability is to protect those who are perceive or actually materially impaired through illness.

The said disabilities include physical conditions, congenital deformities, asthma, epilepsy, hypertension, speech impediments, alcoholism and drug dependency, obesity and AIDS or AIDS related complex and any other medical, psychological or physical condition. However the duty to accommodate does not imply a guaranteed job for unemployed disabled person. If a person cannot reasonably perform the essential duties and requirements after employment, there will be no findings for discrimination (David Morton Rayside, 2007).

Accommodation is now a deeply entrenched feature in Canadian labor law. It has been enthusiastically practiced since the start of this decade, but it is already spawning or accelerating three outstanding trends in the arbitration system that are changing the very face of labor adjudication in