Employer will not accommodate


#1

Hi,
I was on long term until the “any occupation” clause kicked in, several months later my doctor and I felt my condition had improved to the point I might try part time work in my position, I am part of a large labor pool that already utilizes part time (albeit lower paid) workers.
My doctor made a return to work plan and it was presented to the employer, at which point the company wrote me a letter stating: “Due to the types of limitations and physical restrictions indicated by your physician, we do not have a suitable position for you to return to work.”
The only accommodation being asked for was less shifts per week, I am not sure I can even do a whole shift but want to try. They also stated in writing that the company is not obligated to create a position. This is a large multinational corporation, I have offered ideas of other things I can do that would bring value and are not busywork in good faith, but everything is refused. In fact the reason why I came up with the part time idea is it is so incredibly easy for them to accommodate. Less so for me, as I will no doubt be in pain for a considerable amount of the shift.
They came up with their own “return to work” plan that is not in accordance with my doctors’, in which it states I start at part time but if I cannot work up to full time work (and no accommodation) they no longer have to accommodate, and they want me to sign an agreement to this. The company has for several months intentionally stalled this process at every turn as I think they want to squeeze me financially as I don’t have an income but I’m not going to give up. Other than this work plan, the company has offered no other accommodations or ideas of how to work this out in several months, when I give them paperwork they have requested and they don’t like the outcome, their tactic is to not respond.
So bottom line the way I see it: refusal to follow doctors plan, refusal to accommodate to undue hardship (very large company) in any possible way (part time work, different position with some kind of accommodation) and causing me undue financial hardship from those issues and the stalling of the process.
I was thinking the next step would be to file a complaint with the Ontario Human Rights Commission or some other organization.
My view is that large corporations are so powerful at this point that the law does not apply to them in any realm, would it be the same when it comes to accommodating disability?
Any thoughts or opinions are very appreciated.
Thanks.


#2

Phone Resolute Legal and get the free consult.


#3

This is a human rights issue. Your first steps is to take this up with your union. If no union, or if union does not handle to your satisfaction, your next step is to file a claim with your provincial or federal human rights commission.

Employer’s have an onerous obligation to accommodate an employees’ disability to the point of undue hardship. They also have an obligation to enter into this process in good faith, and not giving ultimates and bullying tactics.

On the other hand, you have to make sure you have given them all the medical information they need to know what accommodations you may need.


David Brannen

Disability Lawyer with Resolute Legal

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