Ontario employers are likely to welcome the katz et al.c decision. Clarke, 2019 ONSC 2188 (Divisional Court), which dealt with the scope of the duty to adjust in the event of an employee`s permanent disability. It clarifies that if undisputed medical evidence suggests that an employee with a disability will not be able to fulfill the fundamental obligations associated with the employment relationship in the foreseeable future (i.e., the employee`s disability is permanent), the employment contract is frustrated, the employer`s duty to accommodate ends, and the employer can dismiss the employee. The office provides statistics on the current labour force participation and unemployment rate of persons with disabilities, research on the employment of persons with disabilities, and links to webinars on educational and technical support. It also provides advice to public and private employers, public employment agencies and other providers who serve people with disabilities. It is also a source of information on the Innovation and Workforce Opportunities Act and section 503 of the Rehabilitation Act, as well as general updates on federal initiatives to increase employment for persons with disabilities. In addition to the record-keeping requirements imposed on all employers subject to the RSA, those who pay less than the minimum wage for workers with disabilities under paragraph 14(c) must also keep records of workers` disabilities, current wage surveys, labour measures and individual productivity. The following are the general registration requirements for the RSA. After an offer of employment and before the start of employment obligations, you can ask a candidate to pass a medical examination if all people who will work in the professional category must also take the exam. You can make the job offer dependent on the results of the medical examination. However, if a person is not hired because a medical examination reveals the presence of a disability, you must be able to prove that the reasons for the exclusion are professional and necessary for the conduct of your business. They must also be able to demonstrate that there were no reasonable precautions that would have enabled the person to perform the essential functions of the work. While the ADA establishes the overlap of employment responsibilities between state and local governments within the EEOC and DOJ, federal enforcement efforts are coordinated by the EEOC and the DOJ to avoid duplication of investigative and enforcement activities.
Since some private and government employers are already covered by non-discrimination and affirmative action requirements under the Rehabilitation Act 1973, the EEOC, the Ministry of Justice and the Ministry of Labour will also coordinate enforcement efforts under the ADA and the Rehabilitation Act. The Department of Justice (DOJ) applies Title II of the ADA. The Department of Justice`s ADA homepage provides resources on all aspects of the ADA, including those that address state and local government employment responsibilities under Title II. The Education of Persons with Disabilities Act 2004 (IDEA) requires that all children with disabilities have the right to free and adequate public education in the least restrictive environment. The law requires the provision of special education and related services included in an Individualized Educational Program (IEP) for each participating child. IEPs are tailored to individual needs and include an education plan, including a transition plan for secondary education or employment at age 16. For a complete list of the basic records that an employer must keep, see Wages and Hours Division Fact Sheet No. 21: Record Keeping Requirements under the RSA(www.dol.gov/whd/regs/compliance/whdfs21.pdf). Employers are required to keep pay slips, collective agreements, and sales and purchase records for at least three years.
The records on which the salary calculations are based should be kept for two years. These include time cards and piecework cards, wage rate tables, work and work schedules, and records of wage entries or deductions. The passage of the Americans with Disabilities Act (ADA) of 1990 marked an important step in achieving meaningful protection of the civil rights of persons with disabilities. While previously enacted laws addressed various issues of discrimination against persons with disabilities on a piecemeal basis, the ADA is considered the most comprehensive disability rights legislation in U.S. history. The ADA ensures equal opportunity and non-discrimination in employment and access to state and local government agencies and services, including public education, public transportation, public housing (publicly accessible businesses) and telecommunications. Essential duties are the basic work tasks that an employee must be able to perform with or without reasonable precautions. You should carefully review each task to determine which features or tasks are critical to performance. (This is especially important before taking employment measures such as recruitment, advertising, hiring, promotion or dismissal). The RSA does not contain specific reporting requirements; However, the above files must be open for inspection by representatives of the Payroll and Hours Department, who may ask the employer to make extensions, calculations or transcripts. The registers may be kept at the place of official use or in a central archive office.
Employers are often unsure of their rights towards workers with disabilities who are absent from work for long periods. Katz et al.c. Clarke mitigates this uncertainty, especially when the medical literature is unambiguous. The decision states that if medical records confirm that the employee will not be able to return to work in the foreseeable future after a long absence, the employer may consider the employment relationship terminated due to “contract theft,” even if the employee expresses a “desire” to return. Without medical evidence proving that the employee is indeed medically capable of returning, his or her “desires” are irrelevant. .