Disability rights in the workplace - Canadian Union of Public ...

Persons with disabilities often find that standards meant
to protect the general workforce are barriers to them ever
participating in the labour force. They are willing to
assume a higher level of risk to themselves so they can
have the opportunity of working. The worker with a
disability is allowed the dignity of assuming risk so long
as it is completely voluntary and it is not excessive.
The threshold of undue hardship will vary depending on
the size of the employer's operation, but the burden
must be considered substantial to meet the above test.
Supreme Court provides guidelines
The Supreme Court of Canada ruling in the 1999 Meiorin case
sets out questions to ask when reviewing a workplace
practice to see if it was reasonably necessary:
a. has the employer investigated alternative
approaches that do not have a discriminatory
effect, such as individuals testing against a
more individually sensitive standard
b. if alternative standards were investigated and
found to be capable of fulfilling the employers'
purpose, why were they not implemented
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