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Case Assignment #3

The document discusses various employment scenarios involving potential discrimination and accommodation issues. It advises employers on how to handle situations related to age discrimination in training opportunities, accommodating an employee returning from pregnancy leave, reinstating an employee with a back injury, and managing a waiter who uses medical marijuana. Each scenario emphasizes the importance of non-discriminatory practices and maintaining a safe work environment while being responsive to employee needs.

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3 views4 pages

Case Assignment #3

The document discusses various employment scenarios involving potential discrimination and accommodation issues. It advises employers on how to handle situations related to age discrimination in training opportunities, accommodating an employee returning from pregnancy leave, reinstating an employee with a back injury, and managing a waiter who uses medical marijuana. Each scenario emphasizes the importance of non-discriminatory practices and maintaining a safe work environment while being responsive to employee needs.

Uploaded by

medranoreyssi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Case Assignment #3

1. Your employer intends to deny a 64-year-old female employee


a training opportunity that is available to everyone else in her
department because “she won’t be around long enough to use
the new information.”
a) How would you advise the employer?
I would advise to the employer to reconsider their decision
regarding the training opportunity. Denying training to a 64-year-old
employee based on the assumption that she “won’t be around long
enough” can be perceived as age discrimination, which is prohibited
under the Ontario Human Rights Code. Courts have recognized
discrimination as both intentional acts of exclusion and hidden or
unintentional acts and goes against “Employers must make all
employment decisions on a non-discriminatory basis, including
decisions for training.” (Emond Montgomery Publications, 2024)

However, the employee’s experience can provide significant value


to the team. Providing her with training could enhance her
contributions and overall performance, regardless of her anticipated
age. Assumptions based on age can lead to unfair treatment, which
could expose the organization to legal risks.

2. An employee who has been on pregnancy leave calls you to say


that she will need more flexibility in her schedule when she
returns to work because of childcare needs.
a) How should you respond?

Employers have a duty to accommodate.


I would respond by expressing my understanding of her need for
flexibility as she returns to work. I’d thank her for reaching out and
acknowledge that balancing work and childcare can be challenging.

I’d suggest we have a conversation to discuss her specific needs,


like adjusting her hours or the possibility of remote work on certain
days. It’s important to me as an employer to have the duty to
accommodate that she feels supported during this transition, and I
want to ensure we can find a solution that works for both her and
the team.
Overall, I’d keep the tone professional but approachable,
emphasizing our commitment to accommodating her situation.

3. You are an employer who wants to reinstate an employee who


left work with a back injury. However, it’s a small workplace
and the only job that the employee can perform is one created
out of all the “light duties” of the other six jobs. This would
require the other employees to perform all the heavier duties,
which might lead to injury. (200-300 words)
A) What should you do to meet the requirements of the Ontario
Human Rights Code? (Cite references and evidence to
defend your answers)

If I’m looking to reinstate an employee with a back injury, I’d


start by carefully assessing what tasks they can perform without
risking their own safety or that of others. This is crucial to ensure
that any role we create doesn’t lead to further injuries.

Next, I’d have a candid conversation with the employee to


understand their specific needs and discuss what kind of light
duties might be suitable for them. It’s important to listen and
explore all possibilities together.
I’d also need to engage with the rest of the team. Their input is
vital, especially if they’re expected to take on heavier
responsibilities. Keeping the lines of communication open will
help maintain morale and ensure everyone feels comfortable
with any adjustments.

In addition, I’d think creatively about temporary solutions or role


adjustments that don’t overload the other employees. Finding a
way to accommodate the returning employee while balancing
the workload for the team is essential.
Once we decide on a way forward, I’d monitor the situation
closely. If any issues arise, I’d be open to making changes to
ensure that both the returning employee and the rest of the
team are supported. Ultimately, the goal is to create a safe and
productive work environment for everyone involved.
Undue hardship is the point when accommodation would alter
the essential nature of the enterprise or produce a substantial
health and safety risk that outweighs the benefit of
accommodating a group or individual worker.
(Edmond Montgomery Publications, 2024)

4. You are the owner of a restaurant. Barney, one of your waiters,


tell you that he has government permission to use marijuana
for medical purposes and needs to smoke during some breaks
to relieve symptoms he has for a serious medical condition.
You’re concerned that his use of marijuana may pose a safety
risk. (200-300 words)
a) Assuming Barney can prove that he has such permission,
what do you tell him?
If Barney informs me that he has government permission to use
marijuana for medical purposes, I will approach the conversation
with empathy and a focus on safety. Here’s how I would respond:

“Barney, I appreciate you sharing this information with me


regarding your medical condition and the need to use marijuana as
part of your treatment. Since you have government authorization,
we want to be supportive while ensuring a safe work environment
for everyone.

To find a workable solution, I’d like to discuss a few key points. First,
can you tell me how often you need to use the product during your
shifts? Understanding the frequency will help us better manage your
breaks without disrupting the flow of service.

Next, I’d like to know what form of marijuana you’re using—whether


it’s smoking, edibles, or another method. This is important for us to
establish guidelines that align with our policies and ensure
everyone’s comfort.

I want to ensure we can accommodate your needs safely. We can


designate a specific smoking area for you to use during your breaks,
which will help minimize any potential impact on other staff and
customers.
It’s also crucial to consider safety. If you ever feel that you’re
impaired or unable to perform your duties after using marijuana,
please communicate that to me immediately. Your safety, along with
that of our customers and staff, is our top priority.

Our goal is to support you while maintaining a safe environment.


Let’s work together to find a solution that meets your needs and
keeps everyone safe. Thank you for your understanding, and I look
forward to discussing this further to ensure we’re on the same
page.”

This response emphasizes accommodation while prioritizing safety


and opens a constructive dialogue.

Suggested questions for employers. (Edmond Montgomery


Publications, 2024)
1. How often they need to take the product?
2. In what form?
3. Where will they take it?
4. Medically authorized?

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