The obligation of employers to accommodate personal family
circumstance has become an important issue as both human resources
and employees face work-life balance issues. The recent decision of
the Human Rights Tribunal Ontario (the "Tribunal") in
Linklater v. Essar Steel Algoma Inc. provides some
important guidelines as to the obligation of employers and, more
importantly, employees when seeking such accommodation.
In Linklater v. Essar Steel Algoma Inc., the Tribunal
considered allegations of discrimination advanced by an employee
who worked a "continental" shift schedule (four days at
work, followed by four days off) when he was injured in a workplace
accident which prevented him from using his right hand. The company
accommodated the employee's injury with a temporary position
within his restrictions. However, the change in position also
required the employee to shift to a more standard five-day work
week, resulting in less hours worked and less net pay. The
