Objective evidence required when attempting to limit or deny an employee’s accommodation request

▤ Summary

In a recent 2018 arbitral decision, International Brotherhood of Electrical Workers, Local 636 v Tyco Integrated Fire and Security Canada Inc, an employee with type 1 diabetes was denied the ability to test his blood sugar glucose levels and administer insulin in his personal office. The employer required the employee to leave his cubical and use a private office to administer insulin and test his blood sugar glucose levels. The employee’s union filed a grievance on behalf of the employee alleging violations of the collective agreement and the Ontario Human Rights Code (the “Code”). Ultimately in this case, the employer failed to provide sufficient medical evidence to support the alleged health and safety concerns underlying their undue hardship defence. As such, the employer was found to have violated the Code and ordered to pay the employee over $16,000 in lost wages and $15,000 as monetary compensation for injury to dignity, feelings, and self-respect.

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