In a recent labour arbitration decision, a teacher claimed that
her lengthy commute to school aggravated the symptoms of her
multiple disabilities, and requested to transfer to a school closer
to home. When the Toronto District School Board (the Board) refused
her request, the teacher grieved the decision, claiming
discrimination on the basis of disability. The arbitrator ruled in
favour of the Board, finding that a transfer may be a required
accommodation in some circumstances, but that this particular
teacher had not established that her disabilities were the true
reason for her transfer request.1
Background
The teacher in question taught economics and English as a second
language at a Toronto school. She had multiple chronic conditions,
including fibromyalgia, chronic fatigue syndrome, asthma, sleep
apnea, seasonal affective disorder, scoliosis and irritable bowel
syndrome. She was provided with several accommodations at work,
including a classroom close to the
