Agenda

Day One: Tuesday, March 29, 2022

10:45 EDT

60 min
Joel Smith

Return to Site & COVID-19: Considerations for Employers

Joel Smith, Partner, Williams HR Law

  • Examine legal obligations to accommodate employees when returning to physical workplaces
  • Discuss when “work from home” accommodations may be required
  • Assess alternative to “work from home” accommodations
  • Consider the implications of mandatory vaccination policies on return to site requirements
  • Explore practical strategies for a successful return to site

11:45 EDT

60 min
Diane Rudakenga

Understanding Neurodiversity and Intersectionality When Managing Your Duty to Accommodate

Diane Rudakenga, Business Relations Manager, Team Lead, Department of National Defense

  • What is neurodiversity?
  • What is intersectionality ?
  • Deconstructing the myths surrounding neurodiversity in the workplace
  • The relation between disability, mental health, social justice and its impact in the workplace culture
  • The importance of using an intersectional lenses when addressing accommodation and workplace wellness

12:45 EDT

45 min

Break

13:30 EDT

60 min
Glenn French

Workplace Violence: Accommodation or Discipline

Glenn French, President & CEO, The Canadian Initiative on Workplace Violence

  • The evolving definition of workplace violence
  • The relationship between mental health and workplace violence
  • Investigating potential threats
  • The importance of employee “Perceived Personal Control”
  • Determining when a comprehensive threat assessment is required
  • Accommodating employees who have threatened violence

15:30 EDT

60 min
Barry B. Fisher Rachel Turnpenney Busayo A. Faderin

Mediating and Adjudicating Accommodation Disputes: A Panel Discussion

Moderator: Barry B. Fisher, Arbitrator and Mediator, Barry Fisher Arbitration and Mediation

Rachel Turnpenney, Partner, Turnpenney Milne LLP

Busayo A. Faderin, Senior Associate Lawyer, Monkhouse Law

  • The difference between unionized and non unionized resolutions
  • How to prepare for an accommodation mediation
  • The best way to present your side at a mediation
  • Possible remedies to an accommodation case
  • Litigating the case

Day Two: Wednesday, March 30, 2022

10:30 EDT

60 min
Richard D. Sharpe

How to achieve measurable results on Equity, Anti-Racism and Inclusion in a Federal Institution

Richard D. Sharpe, Director, Equity, Anti-racism, Diversity and Inclusion, Department of Justice Canada

  • Context. How did we get here? Why the need for an anti-racist, anti-Oppression approach to EDI work
  • Discuss the challenges in moving forward towards and equitable and representative workforce: Racism, Culture, Fear, Leadership (or lack thereof)
  • Consequences of not getting this right. Consequences of not being able to name the issue.
  • The tools needed for change: the Department of Justice Canada’s Anti-Racism and Anti-Discrimination Results Framework: Representation, Career Development, Training and Culture Change, Measurement and Accountability.
  • The Call to Action: How we can all contribute to an anti-racism, equitable and inclusive organization.

11:30 EDT

60 min
Justin Diggle

Key Implications for Accommodating Remote Workers

Justin Diggle, Counsel, Miller Thomson LLP

  • Why remote work is here to stay
  • Remote work as a form of accommodation
  • Best practices for transitioning to remote work long term:  elements of a comprehensive remote work policy

12:30 EDT

45 min

Break

14:15 EDT

60 min
Bryony Halpin

Duty to Accommodate in the Workplace

Bryony Halpin, Senior Policy Analyst, Policy, Education, Monitoring and Outreach Branch, Ontario Human Rights Commission

Bryony Halpin’s presentation will provide an overview of Ontario’s Human Rights Code (Code) and the duty to accommodate in the workplace.

  • The Code recognizes the dignity and worth of every person in Ontario and provides for equal rights and opportunities, and freedom from discrimination. It applies to the areas of employment, housing, facilities and services (including education, health care, etc.), contracts, and membership in unions, trade or professional associations. It covers specific grounds, such as disability, creed, family status, sex, and gender identity among others.
  • Under the Code, employers have a legal duty to accommodate the Code-related needs of people who are adversely affected by a requirement, rule or standard.
  • Accommodation means making adjustments to policies, rules, requirements and/or the built environment to ensure that people with Code-related needs have equal opportunities, access and benefits. Accommodation is necessary to address barriers in society that would otherwise prevent people from fully taking part in, and contributing to, the community.
  • Accommodation is a shared responsibility. Everyone involved, including the person asking for accommodation, should cooperate in the process, share relevant information, and jointly explore accommodation solutions.