February 17, 2020
by Bernise Carolino, Canadian Lawyer Magazine
A dental assistant who was terminated after she took mental-health leave won her discrimination case at the Alberta Human Rights Tribunal because her employer wouldn’t accommodate her proposed two-day work-week.
If a terminated employee has established prima facie discrimination on account of mental disability, the employer may raise the defence of a bona fide occupational requirement; however, the employer should show that it has discharged both the procedural and substantive aspects of its duty to accommodate, according to the tribunal.
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