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Queen's University
 

ADGA Group

In P.L. v A.D.G.A. Group Consultants Inc Ontario, Ontario Superior Court (Divisional Court) [2008] O.J. No. 3076 (QL), the Ontario Superior Court reminded employers that the duty to accommodate includes two steps:

  1. a process of inquiry (the procedural aspect of the duty to accommodate) and
  2. a finding (the substantive aspect of the duty to accommodate). 

In this case, the employer made a finding before engaging in a fact-finding process.  It discharged an employee with bipolar disorder immediately after he started to exhibit symptoms of mania in the workplace. The employer had heard that mania was a dangerous disorder and felt that safety at the workplace was compromised.  

The employer was ordered to pay $80,000 in damages. The Court found that it had not taken the time to gather information about the disability, but rather had reacted out of fears generated by false stereotypes.

Kingston, Ontario, Canada. K7L 3N6. 613.533.2000