The article addresses discharge or reassignment for physical or mental inability to perform the work (including being overweight and underweight); temporary and permanent disability distinguished; and the failure of the…

A summary of the effects of the Civil Rights Act of 1991, and observation that the Act will have little effect on arbitration under CBAs, whereas the ADA will impose…

An examination of the obligations, under Canadian and United States law, of employers and of unions to accommodate employees with disabilities.

A mock arbitration and trial – by judge and by jury – of a single set of stipulated facts, reveals the differences between each adjudicatory process. The elements of the…

A discussion of the relevance of the ADA to the arbitration of disciplines for poor attendance. The author observes that ADA employment protections are narrowing over time….

Canadian Jurisprudence: Recent developments in the duty to accommodate employees’ disabilities….

Panel members are presented with and comment upon scenarios, including compulsory examination by an employer’s doctor following injury, and compulsory demonstration of an ability to memorize a script, as a…