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Human Rights (Fed) - Duty to Accomodate

. Jagadeesh v. Canadian Imperial Bank of Commerce

In Jagadeesh v. Canadian Imperial Bank of Commerce (Fed CA, 2024) the Federal Court of Appeal dismissed an appeal from a JR of a Canadian Human Rights Commission's dismissal of the appellant's complaint.

Here the court comments on an employer's 'duty to accomodate' in the face of an employee's disability:
[123] An employer is required to provide a disabled employee with reasonable accommodation. It does not have to perfect, and it does not have to be the employee’s preferred form of accommodation.

[124] The search for accommodation is, moreover, a "“two-way street”", and there is an obligation on individuals seeking accommodation to assist in securing the appropriate accommodative measures: Haynes, above at para. 30, citing Central Okanagan School District No. 23 v. Renaud, 1992 CanLII 81 (SCC), [1992] 2 S.C.R. 970, [1992] S.C.J. No. 75 at para. 43.


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Last modified: 23-10-24
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