Day One: Tuesday, March 30, 2021
10:00 EDT
10 minWelcome and Opening Remarks from the Chair
10:10 EDT
50 minThe Leadership Imperative for Human Rights in the Workplace
Jeff Willbond, Director General, Proactive Compliance, Canadian Human Rights Commission
- Creating an equitable, diverse and accessible organizational culture
- Workplace accommodation is a shared responsibility between managers and employees
- True accessibility and culture change – minimizing the need for DTA requests
- Empower your employees to be their own human rights leaders
- Evaluate your organization’s operations through Proactive Compliance
11:00 EDT
15 minBreak
11:15 EDT
60 minKeeping Pace with Recent Trends and Accommodation Cases
- Cannabis – does an employer have a duty to accommodate an employee who consumes marijuana
- Gender identity and gender expression – is it only about the dress code
- Age discrimination – is retirement an unlawful word
- Competing obligations – when occupational health and safety obligations collide with requests for accommodation on the basis of religion
12:15 EDT
60 minBreak
13:15 EDT
45 minMental Health Impacts of Covid-19 on Workers: Considerations for Employers
Ed Mantler, VP Programs and Priorities, Mental Health Commission of Canada
- Flexibility, empathy and clear leadership – ingredients for success during challenging times
- How tailoring your approach to the current environment to support employee mental health helps organizations
- The power and possibility of focusing on resilience and recovery
- Supporting the psychological needs of employees in remote workplaces
- Resources and support for accommodating employees with mental health challenges
14:00 EDT
60 min12 Questions to Consider before Terminating an Employee for Absenteeism or Lateness
- Terminating an employee for cause (generally)
- Gradual disciplinary action
- Questions to consider before terminating an employee for absenteeism or lateness
15:00 EDT
15 minBreak
15:15 EDT
60 minAccommodating and Communicating about Episodic Disabilities (ACED): Workplace Challenges and Solutions
Employers increasingly are asked to accommodate workers living with physical and mental health conditions that cause episodic disability, where periods of wellness are punctuated by intermittent and often unpredictable activity limitations. Episodic disabilities are challenging for workplaces which must comply with legislation protecting the privacy of health information while believing they would benefit from personal health details to meet a worker’s accommodation needs.
Objectives of this presentation are to understand organizational perspectives on the successes and challenges of disability communication-support processes, including:
- Differences in cultures of support
- Misgivings of others and their role in communication-support processes
- Challenges when worker’s do not disclose a disability and when disability is cast as a performance problem
- New tools and resources to improve communication and accommodation processes
16:15 EDT
End of Day One
Day Two: Wednesday, March 31, 2021
10:00 EDT
10 minWelcome and Opening Remarks from the Chair
10:10 EDT
60 minActive Problem Solving Strategies for Meeting Duty Obligations
- What does taking an active role look like
- Investigate and research various forms of accommodation and alternate solutions
- Consult with accommodation experts for creative solutions
- Consult with the employee and integrate their potential ideas
- Set expectations about productivity and essential duties
- Have a clear process for implementation
11:10 EDT
20 minBreak
11:30 EDT
60 minThe Covid-19 Pandemic: What Duty Obligations Loom Large
- What to do if an employee refuses to wear a mask
- Can I make employees sign a covid-19 waiver
- Do I need to accommodate employees that choose not to send their kids back to school
- How will absences be treated under duty to accommodate approach
- Preparing for work refusals
- Prepare for human rights issues
- Privacy issues
- Frustration of contract
- Accommodations for screening
12:30 EDT
60 minBreak
13:30 EDT
60 minEssential Tips for Accommodating Remote Workers
- Prepare for onboarding and maintaining compliance
- Clearly lay out the ground rules
- Review remote worker safety monitoring
- Be mindful of potential discriminatory compensation impacts
- Create a comforting environment
14:30 EDT
60 minReturn to Work Covid Toolkit
- Managing workplace health and safety at the office (employer responsibilities re health and safety control e.g. decision to recall, safety measures, symptomatic employees, privacy, etc.)
- Layoffs and recalls
- Flexible Work Arrangements (e.g. staggered return to work, working on claim, etc.)
- Work refusals
- Looking ahead: adjustments to policies and contracts as a result of Covid-19, litigation risks
15:30 EDT
15 minBreak
15:45 EDT
45 minManaging Employee Work Refusals in a Covid-19 World
Tiffany O’Hearn Davies, Associate, Norton Rose Fulbright LLP
- Work refusals explained
- For what reason can an employee refuse work
- What are the procedural steps for a work refusal
- A reminder of reprisals – don’t
- Work refusals across jurisdictions
- Can work refused by one worker be reassigned to another
- Do employers have to pay workers after they refuse work
- How do these legal concepts apply during a pandemic
- What about teleworking employees
- Staying well positioned
16:30 EDT
End of Day Two