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ARTICLE · 15 APRIL 2019

Employer Must Have Evidence To Support Accommodation Plan

An arbitrator found that an employer violated the Ontario Human Rights Code by requiring a diabetic employee to leave his workstation to test his blood glucose ...

CanadaEmployment and HR

Bottom Line

An arbitrator found that an employer violated the Ontario Human Rights Code by requiring a diabetic employee to leave his workstation to test his blood glucose and to inject insulin because this stigmatized the employee and created a negative perception about his disability. There was no evidence to support the employer's claim that the employee's self care posed a hazard to other employees.

Facts: Diabetic employee directed to inject insulin in private office

An employee working at a 24/7 call centre was diagnosed with diabetes. As a result, he had to test his blood glucose level and inject insulin at his workstation 15 minutes before his break.

The call centre employees worked at workstations/cubicles in an open space. They did not have assigned cubicles and would simply work in whatever cubicle was available on their shift. The employer did not have these cubicles cleaned between shifts but instead provided employees with disinfectant wipes so

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