This document outlines principles and guidelines around providing accommodation for people with disabilities or other protected characteristics under Ontario's Human Rights Code. It discusses the duty to accommodate in employment, housing and services. It notes that accommodation seeks to promote dignity, integration and full participation through measures like removing barriers, inclusive design and meeting remaining needs. The document also provides examples of potential accommodation, guidance around determining undue hardship or bona fide requirements, and scenarios to assess accommodation issues that may arise.
Stand Alone Uniform State Test for Mortgage Loan Originators EXAM PREPJillayne Schlicke
This document summarizes an instructor-led training on preparing for the stand-alone Uniform State Test (UST) required for loan originator licensing. It outlines the agenda which includes introductions, boundaries, objectives, an overview of the UST and SAFE Act, quizzes on relevant sections, definitions, prohibited conduct, and a final practice quiz. Key points covered are that passing the UST allows originators to apply for licensing in participating states, the test contains 25 multiple-choice questions to be completed in 45 minutes, and state requirements may include additional education.
This document provides an overview of how the Social Security Administration determines whether an individual qualifies for disability benefits. It explains that disability is defined statutorily and involves a multi-step evaluation process to determine if a claimant can perform past work or any other substantial gainful work. The process considers medical and vocational factors. It also notes that SSA is a large bureaucracy subject to problems of rigidity and complexity. Determining disability can thus involve navigating SSA rules and regulations.
The document provides an overview of a presentation on preparing for the mortgage loan originator exam. It discusses the exam process, including registering online, paying fees, and scheduling the national and state exams. It also reviews strategies for taking multiple choice exams and covers sample exam topics, such as laws governing lending practices like the Truth in Lending Act and Equal Credit Opportunity Act.
These PPT slides are for students who are studying to pass the NationalLoan Originator Licensing Exam with Uniform State Component, and are students of Jillayne Schlicke, CE Forward, Inc.
The document discusses credit, credit cards, credit scores (FICO), and building credit history. It provides the following key points:
- Avoid getting credit card offers as soon as you turn 18 and instead get a credit card from your bank with a small $500 limit to begin building credit history.
- Making only minimum payments on a credit card balance will result in interest payments that prolong paying off the balance for years.
- A FICO credit score measures credit risk based on payment history (35%), amount owed (30%), length of credit history (15%), new credit (10%), and credit mix (10%).
- Do not co-sign loans or accounts for others as you will be responsible
Article advising immigrants on their due process rights if detained by Immigration and some practical considerations to keep in mind if stopped by ICE (Immigration and Customs Enforcement)
Court of Protection Issues (Edith Ellen Foundation Lecture)Anselm Eldergill
A presentation on current Court of Protection and mental capacity issues and where improvement or further thinking is required. The Court of Protection is England and Wales' mental incapacity court.
The document provides guidance on confidentiality and when confidential information can be disclosed without patient consent under UK law and General Medical Council guidelines. It discusses the duty of confidentiality doctors have toward patient information, but notes there are exceptions where information can be disclosed to protect others from serious harm or death. Specific scenarios addressed include informing police if a sex offender does not intend to register their address as required, providing information for a case review investigating child abuse even if the family does not consent, and notifying licensing authorities if a patient's medical condition like a serious mental illness may impair their ability to drive. The document aims to help doctors balance patient confidentiality with protecting public safety.
Stand Alone Uniform State Test for Mortgage Loan Originators EXAM PREPJillayne Schlicke
This document summarizes an instructor-led training on preparing for the stand-alone Uniform State Test (UST) required for loan originator licensing. It outlines the agenda which includes introductions, boundaries, objectives, an overview of the UST and SAFE Act, quizzes on relevant sections, definitions, prohibited conduct, and a final practice quiz. Key points covered are that passing the UST allows originators to apply for licensing in participating states, the test contains 25 multiple-choice questions to be completed in 45 minutes, and state requirements may include additional education.
This document provides an overview of how the Social Security Administration determines whether an individual qualifies for disability benefits. It explains that disability is defined statutorily and involves a multi-step evaluation process to determine if a claimant can perform past work or any other substantial gainful work. The process considers medical and vocational factors. It also notes that SSA is a large bureaucracy subject to problems of rigidity and complexity. Determining disability can thus involve navigating SSA rules and regulations.
The document provides an overview of a presentation on preparing for the mortgage loan originator exam. It discusses the exam process, including registering online, paying fees, and scheduling the national and state exams. It also reviews strategies for taking multiple choice exams and covers sample exam topics, such as laws governing lending practices like the Truth in Lending Act and Equal Credit Opportunity Act.
These PPT slides are for students who are studying to pass the NationalLoan Originator Licensing Exam with Uniform State Component, and are students of Jillayne Schlicke, CE Forward, Inc.
The document discusses credit, credit cards, credit scores (FICO), and building credit history. It provides the following key points:
- Avoid getting credit card offers as soon as you turn 18 and instead get a credit card from your bank with a small $500 limit to begin building credit history.
- Making only minimum payments on a credit card balance will result in interest payments that prolong paying off the balance for years.
- A FICO credit score measures credit risk based on payment history (35%), amount owed (30%), length of credit history (15%), new credit (10%), and credit mix (10%).
- Do not co-sign loans or accounts for others as you will be responsible
Article advising immigrants on their due process rights if detained by Immigration and some practical considerations to keep in mind if stopped by ICE (Immigration and Customs Enforcement)
Court of Protection Issues (Edith Ellen Foundation Lecture)Anselm Eldergill
A presentation on current Court of Protection and mental capacity issues and where improvement or further thinking is required. The Court of Protection is England and Wales' mental incapacity court.
The document provides guidance on confidentiality and when confidential information can be disclosed without patient consent under UK law and General Medical Council guidelines. It discusses the duty of confidentiality doctors have toward patient information, but notes there are exceptions where information can be disclosed to protect others from serious harm or death. Specific scenarios addressed include informing police if a sex offender does not intend to register their address as required, providing information for a case review investigating child abuse even if the family does not consent, and notifying licensing authorities if a patient's medical condition like a serious mental illness may impair their ability to drive. The document aims to help doctors balance patient confidentiality with protecting public safety.
Brenda J Bowlby: A Primer on Human Rights - November 27 2006Brenda Bowlby
This document provides an overview of human rights law in Ontario. It discusses key topics such as:
- Protected grounds from discrimination under the Ontario Human Rights Code including age, disability, marital status.
- What constitutes a violation of the Code, including direct and indirect discrimination, harassment.
- Exemptions to the Code including bona fide occupational requirements and special programs.
- The duty to accommodate and what accommodation can include, such as workplace adjustments or alternative measures.
- The investigation process for human rights complaints and how to ensure a fair process for all parties.
- The responsibilities of administrators, schools, employees and unions to uphold human rights protections.
Recorded on July 4, 2013 - The unqualified right of Convention Refugees to remain in Canada has been eroded by recent changes to the law. This webinar examines cessation and vacation proceedings where the Minister of Immigration applies to remove a person's Protected Person status. It highlights the significance of the changes to the law and the importance of Convention Refugees and Permanent Residents applying for citizenship as soon as possible. Situations that could trigger cessation or vacation proceedings, as well as ways that service providers can offer support during the citizenship process, will also be covered.
Watch this webinar at:
http://yourlegalrights.on.ca/webinar/threats-convention-refugee-and-permanent-resident-status
The document discusses asylum seekers, refugees, and the resettlement process. It provides definitions of asylum seekers and refugees, explains that resettlement is a voluntary UNHCR program, and notes that less than 1% of refugees globally are resettled each year. It also outlines Australia's annual refugee quota and summarizes some of the services refugees receive upon resettlement in Australia as well as research findings on the long-term economic and social contributions of refugees. Famous individuals who were once refugees are also listed.
The document is a presentation about sexual assault and harassment given by Zahra Dhanani from METRAC. It provides an overview of topics including definitions of sexual assault and harassment, social contexts, applicable laws, criminal justice processes, and other legal options. The presentation aims to provide accessible information about the law to help people make well-informed decisions.
Recorded on December 19, 2012 - This webinar, presented in partnership by the Human Rights Legal Support Centre and Hamilton Community Legal Clinic, provides an overview of the Human Rights Code, highlighting the grounds and social areas which the Code applies to, exceptions to the Code, and remedies available under the Code. It acquaints listeners with the Human Rights System in Ontario and describes the Human Rights Tribunal of Ontario's process.
Watch this webinar at:
http://yourlegalrights.on.ca/webinar/discrimination-against-law-primer-human-rights-law-ontario
This document outlines the schedule and policies for oral defense examinations for graduation. Students must be enrolled in thesis/dissertation writing to qualify for an oral defense, which will be held on the last Friday of August or January. The examination committee will consist of faculty members and possibly a statistics/research expert. Successful completion of the oral defense and revisions are needed for graduation. Strict guidelines are provided for submission of thesis/dissertation copies to the graduate office. Residency requirements and additional coursework for students exceeding time limits are also specified.
Prevention of Sexual Harassment at Workplace ActAID FOR CHANGE
This presentation highlights the issue of a woman facing sexual harassment at workplace, its impact on her and how she should act to tackle the situation...
Recorded on Thursday, March 22, 2012. This webinar reviews basic immigration terms and pointers for women who are not Canadian citizens and whose status may be affected by their partner and the breakdown of their relationship. Discussion will cover understanding immigration status, getting control of the immigration file, and where to look for help. Presenters are Tamar Witelson, Legal Director at The Metropolitan Action Committee on Violence Against Women and Children (METRAC) and Raoul Boulakia, a lawyer and certified specialist in Immigration, Refugee and Citizenship law. The presentation slides included below address all the topics covered in the webinar plus a section on How to Find Help.
Please note that this webinar is part one of a two part series. For more information see Immigration, Women, and Children: Part II – Sample Situations.
To watch an archived version of this webinar visit:
http://yourlegalrights.on.ca/webinar/Immigration-Women-and-Children-Part-I-Basic-Concepts
This document outlines an agenda and case studies for a presentation on complex claims investigations. The presentation covers contestable investigations, suicide investigations, accidental death policies, and critical illness riders. Case studies are provided for each topic, describing fact scenarios and policy provisions. The purpose is to identify relevant questions to ask given the specific facts and contract language. The goal is to have a fair and consistent process for rendering reasonable claims decisions. Attendees are encouraged to ask questions.
The document outlines the legal rights that must be respected for nursing home residents. These include rights to access medical records, refuse treatment, privacy, making personal choices, voicing grievances, engaging in activities, and living free from abuse. Residents can expect to be cared for in a safe, comfortable environment that promotes dignity and quality of life. The role of the long-term care ombudsman is to help residents understand and exercise their rights.
At our March claims club we covered a number of topics including:
- the Enterprise and Regulatory Reform Act (ERRA) 2013
- how to deal with stress in the workplace both in terms of civil claims and claims in the employment tribunal
- advice on dealing with HM Coroner.
View further resources and training on our website - https://www.brownejacobson.com/insurance
Communication Rights Australia provides advocacy for people with communication disabilities. The document discusses how incorporating human rights legislation into advocacy can help achieve just outcomes and systemic change. It recommends framing advocacy cases around specific human rights and sections, educating others on rights, and using rights to strengthen arguments at all stages of advocacy, including emails, meetings, letters, and complaints. Framing issues as rights violations builds in compulsion early and increases leverage to get results that respect dignity.
Anselm Eldergill: The Court of Protection and the Mental Capacity Act: Capaci...Darius Whelan
Judge Anselm Eldergill, Court of Protection
The Court of Protection and the Mental Capacity Act: Capacity to Change?
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
This document discusses patient abuse, including abuse of children and seniors. It defines patient abuse as the mistreatment or neglect of vulnerable individuals under a healthcare organization's care. Common signs of abuse include bruises, burns, broken bones, behavioral changes, and neglect that results in injuries. All states have laws requiring the mandatory reporting of suspected child and elder abuse in good faith to protect victims and provide legal immunity for reporters. Failure to report abuse can result in legal and ethical issues for healthcare providers.
Success StoriesDonald K. Donald K. was adjudicated disabled.docxjames891
Success Stories
Donald K
. Donald K. was adjudicated disabled and the Public Guardian became his guardian in autumn of 1998. At that time, Donald was a hearing-impaired man in his late 50’s with a second grade education, and life-long medical problems. The Public Guardian petitioned for guardianship because Donald was financially exploited by a tenant in a building owned by Donald’s mother. The Public Guardian’s Office was already guardian of Donald’s mother.
Prior to guardianship, Donald was not participating in any activities. Aside from his mother, he had no close living relatives or friends. His father had abused him and his mother.
Once appointed guardian, the Public Guardian’s case manager introduced Donald to Anixter Center, an agency that provides various training and social programs to enhance the quality of life for persons with disabilities. Donald participated in vocational and social programs and enjoyed them immensely. Through Anixter, Donald visited Disney World and traveled in an airplane for the first time in his life. Donald spent ten years at Anixter Center and established many friendships with both staff and other participants.
Donald’s mother was able to return home to live with him when her health improved. The family had little money and to maintain them in the community, the Public Guardian’s Benefits Department applied for governmental benefits based on their eligibility. The Property Department expended significant time to repair and maintain the aging home. The Public Guardian’s Office placed other disabled individuals in the home to share living expenses. Donald and his mother were able to live in the community with a caregiver until she passed away at age 89.
Donald moved into an assisted living facility and then a nursing home when his health declined. His house was sold and a special needs payback trust was created so that he could qualify for Medicaid. The trust funds were used to supplement his care. Although Donald was on oxygen support, he remained socially active and participated in various activities in both facilities. He even continued to attend Anixter Center from time to time.
Donald passed away in June 2009 at the age of 68. Many friends from Anixter, staff and residents of the nursing home, and Public Guardian staff attended his funeral. He will be remembered for his sweet disposition and courage.
Estate of Hoellen v. Owsley.
When Theodore Hoellen was elderly and suffering from dementia, he was “befriended” by Chicago Police Officer Donald Owsley. Owsley proceed to exploit Mr. Hoellen out of his entire estate. Owsley had Mr. Hoellen sign documents naming Owsley as the beneficiary of his pension benefits, savings accounts, and house in a land trust. After a lengthy trial, the court voided these transactions and awarded Mr. Hoellen $50,000.00 in punitive damages. Owsley appealed, and the First District Appellate Court affirmed the trial court's order.
Roshawn C.
R.
This document summarizes a lecture on confidentiality, disclosure, and the law as it relates to counseling. It covers the legal boundaries of maintaining confidentiality, when disclosure is appropriate, and circumstances where confidentiality may be overridden by public interest concerns like suspected child abuse or prevention of serious crime. Specific topics discussed include the concepts of confidentiality, privilege, and public interest in both maintaining and requiring disclosure of confidential information. Factors counselors should consider regarding issues like duty to warn or reporting suspected child abuse are also addressed.
This document discusses the importance of planning and funding for one's final expenses. It notes that while death is certain, planning can make things easier for loved ones. It provides estimates of common final costs and explains how funding arrangements can help reduce estate settlements, taxes, medical bills, and be a last gift. Statistics are given showing that while hospital, surgery or nursing home insurance may not be used, final expense insurance is a 100% certainty that will be used. Contact information is provided to help agents succeed in assisting seniors with final planning.
Donna Schuyler's Presentation-2017 Idaho Summitlindsayalderete
The document discusses sexuality and intimacy in the context of guardianship and long-term care, noting that many older adults remain sexually active. It examines the competing goals of protecting wards while also respecting their rights to intimacy and relationships. Key considerations for guardians include assessing a ward's capacity for informed consent regarding sexual activities based on their knowledge, understanding, and ability to make voluntary choices.
Britain's ageing population has created distinct legal issues and liabilities. This annual conference brings together leading experts to discuss and explain:
• inquests and serious investigations
• mental capacity and decision making
• medical treatment; and
• the role of the commissioner/provider in an integrated care environment.
These issues, and more, are covered in streamed workshops and plenary sessions by leaders within Care England, Candesic, NHS Litigation Authority as well as Senior Coroner for the City of Birmingham and Solihull Districts, specialist barristers and experts from Browne Jacobson.
Aimed at senior management from across the NHS, local authorities and the private health and social care sector, this one day national conference helps you to understand and plan for the increasing legal risks associated with an ageing population, and how you can protect yourself, your organisation and your service users.
https://www.brownejacobson.com/health/services/elderly-care
A victim of a violent crime may be eligible for a Criminal Injuries Compensation Board (CICB) award. This webinar, presented by Sharon Powell from the Community Advocacy & Legal Centre in Belleville, is an overview of the CICB process, including who is eligible, how to apply, common myths, timelines, the hearing process, offender notification, award amounts, and reasons to apply.
15 Years of the Mental Capacity Act: Where are we now?Anselm Eldergill
This document provides an overview of issues related to the 15 year implementation of the Mental Capacity Act in the UK. It discusses successes such as the establishment of the Court of Protection and increased use of LPAs and DOLs. Key issues covered include detention thresholds, risk models, participation of protected persons, rules/procedures, court structures, autonomy/liberty concerns, and the high volume of applications. It also examines potential mission creep in the use of DOLs and questions around non-contentious work done by the Court of Protection.
Brenda J Bowlby: A Primer on Human Rights - November 27 2006Brenda Bowlby
This document provides an overview of human rights law in Ontario. It discusses key topics such as:
- Protected grounds from discrimination under the Ontario Human Rights Code including age, disability, marital status.
- What constitutes a violation of the Code, including direct and indirect discrimination, harassment.
- Exemptions to the Code including bona fide occupational requirements and special programs.
- The duty to accommodate and what accommodation can include, such as workplace adjustments or alternative measures.
- The investigation process for human rights complaints and how to ensure a fair process for all parties.
- The responsibilities of administrators, schools, employees and unions to uphold human rights protections.
Recorded on July 4, 2013 - The unqualified right of Convention Refugees to remain in Canada has been eroded by recent changes to the law. This webinar examines cessation and vacation proceedings where the Minister of Immigration applies to remove a person's Protected Person status. It highlights the significance of the changes to the law and the importance of Convention Refugees and Permanent Residents applying for citizenship as soon as possible. Situations that could trigger cessation or vacation proceedings, as well as ways that service providers can offer support during the citizenship process, will also be covered.
Watch this webinar at:
http://yourlegalrights.on.ca/webinar/threats-convention-refugee-and-permanent-resident-status
The document discusses asylum seekers, refugees, and the resettlement process. It provides definitions of asylum seekers and refugees, explains that resettlement is a voluntary UNHCR program, and notes that less than 1% of refugees globally are resettled each year. It also outlines Australia's annual refugee quota and summarizes some of the services refugees receive upon resettlement in Australia as well as research findings on the long-term economic and social contributions of refugees. Famous individuals who were once refugees are also listed.
The document is a presentation about sexual assault and harassment given by Zahra Dhanani from METRAC. It provides an overview of topics including definitions of sexual assault and harassment, social contexts, applicable laws, criminal justice processes, and other legal options. The presentation aims to provide accessible information about the law to help people make well-informed decisions.
Recorded on December 19, 2012 - This webinar, presented in partnership by the Human Rights Legal Support Centre and Hamilton Community Legal Clinic, provides an overview of the Human Rights Code, highlighting the grounds and social areas which the Code applies to, exceptions to the Code, and remedies available under the Code. It acquaints listeners with the Human Rights System in Ontario and describes the Human Rights Tribunal of Ontario's process.
Watch this webinar at:
http://yourlegalrights.on.ca/webinar/discrimination-against-law-primer-human-rights-law-ontario
This document outlines the schedule and policies for oral defense examinations for graduation. Students must be enrolled in thesis/dissertation writing to qualify for an oral defense, which will be held on the last Friday of August or January. The examination committee will consist of faculty members and possibly a statistics/research expert. Successful completion of the oral defense and revisions are needed for graduation. Strict guidelines are provided for submission of thesis/dissertation copies to the graduate office. Residency requirements and additional coursework for students exceeding time limits are also specified.
Prevention of Sexual Harassment at Workplace ActAID FOR CHANGE
This presentation highlights the issue of a woman facing sexual harassment at workplace, its impact on her and how she should act to tackle the situation...
Recorded on Thursday, March 22, 2012. This webinar reviews basic immigration terms and pointers for women who are not Canadian citizens and whose status may be affected by their partner and the breakdown of their relationship. Discussion will cover understanding immigration status, getting control of the immigration file, and where to look for help. Presenters are Tamar Witelson, Legal Director at The Metropolitan Action Committee on Violence Against Women and Children (METRAC) and Raoul Boulakia, a lawyer and certified specialist in Immigration, Refugee and Citizenship law. The presentation slides included below address all the topics covered in the webinar plus a section on How to Find Help.
Please note that this webinar is part one of a two part series. For more information see Immigration, Women, and Children: Part II – Sample Situations.
To watch an archived version of this webinar visit:
http://yourlegalrights.on.ca/webinar/Immigration-Women-and-Children-Part-I-Basic-Concepts
This document outlines an agenda and case studies for a presentation on complex claims investigations. The presentation covers contestable investigations, suicide investigations, accidental death policies, and critical illness riders. Case studies are provided for each topic, describing fact scenarios and policy provisions. The purpose is to identify relevant questions to ask given the specific facts and contract language. The goal is to have a fair and consistent process for rendering reasonable claims decisions. Attendees are encouraged to ask questions.
The document outlines the legal rights that must be respected for nursing home residents. These include rights to access medical records, refuse treatment, privacy, making personal choices, voicing grievances, engaging in activities, and living free from abuse. Residents can expect to be cared for in a safe, comfortable environment that promotes dignity and quality of life. The role of the long-term care ombudsman is to help residents understand and exercise their rights.
At our March claims club we covered a number of topics including:
- the Enterprise and Regulatory Reform Act (ERRA) 2013
- how to deal with stress in the workplace both in terms of civil claims and claims in the employment tribunal
- advice on dealing with HM Coroner.
View further resources and training on our website - https://www.brownejacobson.com/insurance
Communication Rights Australia provides advocacy for people with communication disabilities. The document discusses how incorporating human rights legislation into advocacy can help achieve just outcomes and systemic change. It recommends framing advocacy cases around specific human rights and sections, educating others on rights, and using rights to strengthen arguments at all stages of advocacy, including emails, meetings, letters, and complaints. Framing issues as rights violations builds in compulsion early and increases leverage to get results that respect dignity.
Anselm Eldergill: The Court of Protection and the Mental Capacity Act: Capaci...Darius Whelan
Judge Anselm Eldergill, Court of Protection
The Court of Protection and the Mental Capacity Act: Capacity to Change?
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
This document discusses patient abuse, including abuse of children and seniors. It defines patient abuse as the mistreatment or neglect of vulnerable individuals under a healthcare organization's care. Common signs of abuse include bruises, burns, broken bones, behavioral changes, and neglect that results in injuries. All states have laws requiring the mandatory reporting of suspected child and elder abuse in good faith to protect victims and provide legal immunity for reporters. Failure to report abuse can result in legal and ethical issues for healthcare providers.
Success StoriesDonald K. Donald K. was adjudicated disabled.docxjames891
Success Stories
Donald K
. Donald K. was adjudicated disabled and the Public Guardian became his guardian in autumn of 1998. At that time, Donald was a hearing-impaired man in his late 50’s with a second grade education, and life-long medical problems. The Public Guardian petitioned for guardianship because Donald was financially exploited by a tenant in a building owned by Donald’s mother. The Public Guardian’s Office was already guardian of Donald’s mother.
Prior to guardianship, Donald was not participating in any activities. Aside from his mother, he had no close living relatives or friends. His father had abused him and his mother.
Once appointed guardian, the Public Guardian’s case manager introduced Donald to Anixter Center, an agency that provides various training and social programs to enhance the quality of life for persons with disabilities. Donald participated in vocational and social programs and enjoyed them immensely. Through Anixter, Donald visited Disney World and traveled in an airplane for the first time in his life. Donald spent ten years at Anixter Center and established many friendships with both staff and other participants.
Donald’s mother was able to return home to live with him when her health improved. The family had little money and to maintain them in the community, the Public Guardian’s Benefits Department applied for governmental benefits based on their eligibility. The Property Department expended significant time to repair and maintain the aging home. The Public Guardian’s Office placed other disabled individuals in the home to share living expenses. Donald and his mother were able to live in the community with a caregiver until she passed away at age 89.
Donald moved into an assisted living facility and then a nursing home when his health declined. His house was sold and a special needs payback trust was created so that he could qualify for Medicaid. The trust funds were used to supplement his care. Although Donald was on oxygen support, he remained socially active and participated in various activities in both facilities. He even continued to attend Anixter Center from time to time.
Donald passed away in June 2009 at the age of 68. Many friends from Anixter, staff and residents of the nursing home, and Public Guardian staff attended his funeral. He will be remembered for his sweet disposition and courage.
Estate of Hoellen v. Owsley.
When Theodore Hoellen was elderly and suffering from dementia, he was “befriended” by Chicago Police Officer Donald Owsley. Owsley proceed to exploit Mr. Hoellen out of his entire estate. Owsley had Mr. Hoellen sign documents naming Owsley as the beneficiary of his pension benefits, savings accounts, and house in a land trust. After a lengthy trial, the court voided these transactions and awarded Mr. Hoellen $50,000.00 in punitive damages. Owsley appealed, and the First District Appellate Court affirmed the trial court's order.
Roshawn C.
R.
This document summarizes a lecture on confidentiality, disclosure, and the law as it relates to counseling. It covers the legal boundaries of maintaining confidentiality, when disclosure is appropriate, and circumstances where confidentiality may be overridden by public interest concerns like suspected child abuse or prevention of serious crime. Specific topics discussed include the concepts of confidentiality, privilege, and public interest in both maintaining and requiring disclosure of confidential information. Factors counselors should consider regarding issues like duty to warn or reporting suspected child abuse are also addressed.
This document discusses the importance of planning and funding for one's final expenses. It notes that while death is certain, planning can make things easier for loved ones. It provides estimates of common final costs and explains how funding arrangements can help reduce estate settlements, taxes, medical bills, and be a last gift. Statistics are given showing that while hospital, surgery or nursing home insurance may not be used, final expense insurance is a 100% certainty that will be used. Contact information is provided to help agents succeed in assisting seniors with final planning.
Donna Schuyler's Presentation-2017 Idaho Summitlindsayalderete
The document discusses sexuality and intimacy in the context of guardianship and long-term care, noting that many older adults remain sexually active. It examines the competing goals of protecting wards while also respecting their rights to intimacy and relationships. Key considerations for guardians include assessing a ward's capacity for informed consent regarding sexual activities based on their knowledge, understanding, and ability to make voluntary choices.
Britain's ageing population has created distinct legal issues and liabilities. This annual conference brings together leading experts to discuss and explain:
• inquests and serious investigations
• mental capacity and decision making
• medical treatment; and
• the role of the commissioner/provider in an integrated care environment.
These issues, and more, are covered in streamed workshops and plenary sessions by leaders within Care England, Candesic, NHS Litigation Authority as well as Senior Coroner for the City of Birmingham and Solihull Districts, specialist barristers and experts from Browne Jacobson.
Aimed at senior management from across the NHS, local authorities and the private health and social care sector, this one day national conference helps you to understand and plan for the increasing legal risks associated with an ageing population, and how you can protect yourself, your organisation and your service users.
https://www.brownejacobson.com/health/services/elderly-care
A victim of a violent crime may be eligible for a Criminal Injuries Compensation Board (CICB) award. This webinar, presented by Sharon Powell from the Community Advocacy & Legal Centre in Belleville, is an overview of the CICB process, including who is eligible, how to apply, common myths, timelines, the hearing process, offender notification, award amounts, and reasons to apply.
15 Years of the Mental Capacity Act: Where are we now?Anselm Eldergill
This document provides an overview of issues related to the 15 year implementation of the Mental Capacity Act in the UK. It discusses successes such as the establishment of the Court of Protection and increased use of LPAs and DOLs. Key issues covered include detention thresholds, risk models, participation of protected persons, rules/procedures, court structures, autonomy/liberty concerns, and the high volume of applications. It also examines potential mission creep in the use of DOLs and questions around non-contentious work done by the Court of Protection.
The document discusses binary options demo accounts, which allow traders to practice trading without risking real money. A demo account provides a risk-free environment for new traders to learn trading strategies and get accustomed to market volatility before switching to a real money account. While demo accounts help with learning, they have no financial risk or reward, unlike real trading.
The document summarizes information about conditional permanent residence for sponsored spouses in Canada. It discusses the new law requiring a two-year conditional period, exceptions for abuse/neglect, concerns for women's safety, and resources for immigrants experiencing violence. Presenters from METRAC and a refugee lawyer provide an overview of the changes and how to protect status if a relationship ends due to abuse. Resources for women facing domestic violence or immigration issues are also listed.
Chapter 18
Legal Reporting Requirements
Learning Objectives
Describe various forms of child abuse, how to recognize it, and reporting requirements.
Describe various forms of elder abuse, how to recognize it, and reporting requirements.
Explain why it is important to report communicable diseases, adverse drug reactions, & infectious diseases.
Learning Objectives (cont’d)
Discuss the importance of reporting births and deaths.
Explain how & why physician incompetency is reported.
Understand the importance of incident reporting, sentinel events, & the purpose of root cause analyses.
Abuse
Abuse in the healthcare setting often occurs to those who are most vulnerable and dependent on others for care.
Abuse can take many forms, such as physical, psychological, medical, and financial.
Abuse is not always easy to identify because injuries can often be attributed to other causes.
Child Abuse
Intentional serious mental, emotional, sexual, &/or physical injury inflicted by family or other person responsible for care.
Child Abuse Prevention & Treatment Act (CAPTA)
Minimum standards states must incorporate in their statutory definitions of child abuse and neglect.
Child Abuse
Who Should Report
Healthcare setting
Administrators, physicians, interns, registered nurses, chiropractors, social service workers, psychologists, dentists, osteopaths, optometrists, podiatrists, mental health professionals, & volunteers in residential facilities
Penalties for failure to report
States vary on penalties
Child Abuse
How to Detect
Indicators of abuse and maltreatment that appear to be part of a pattern
Physical indicators
Bruises
Sprains
Fractures
Cigarette burns
Child Abuse
How to Detect (cont’d)
Behavioral indicators
Diminished psychological or intellectual functioning
Failure to thrive
No control of aggression
Self-destructive impulses
Decreased ability to think and reason
Acting out and misbehavior, or habitual truancy
Child Abuse (cont’d)
Good faith reporting
Psychologist Immune to Liability
Failure to report child abuse
Psychologist’s Failure to Report Abuse
Nurse’s Failure to Document and Report
Physician Entitled to Immunity
Child Abuse Can Be Elusive
Senior Abuse
Mistreatment: Results in Harm or Loss
It can involve
Physical & Sexual Abuse
Domestic & Psychological Abuse
Financial abuse
Neglect
Failure to provide needed care
Senate Select Committee on Aging
Less Likely to be Reported than Child Abuse
Most Instances of Senior Abuse
Repeated Events
Not One-Time Occurrences
Senate Select Committee on Aging (cont’d)
Victims are often 75 years of age or older, & women more likely to be abused than men.
Seniors often ashamed to admit their loved ones abuse them.
may fear reprisals if they complain.
Family members are resentful of a frail & dependent senior parent.
Majority of abusers are relatives.
Signs of Senior Abuse
Unexplained or Unexpected Death
Development of “Pressure S ...
Similar to Duty to accommodate (2012 08) - ohrc - cmha opening doors facilitator training (20)
2. 2
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Accommodation Principles
Respect for dignity
Treat people as individuals
Right to integration and full
participation
These guide both procedural and
substantive accommodation
3. 3
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Achieving Integration
Inclusive design
Barrier removal
Accommodate remaining needs
4. 4
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Accommodation
Accommodation often occurs based on the
following Code grounds:
Disability
Sex (including pregnancy)
Gender identity & gender expression
Creed
Family status
Age
5. 5
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Question
What rules, requirements, policies or
standards exist that may seem
neutral, but have an adverse impact
or disadvantage people with mental
health disabilities or addictions? On
people based on other Code
grounds?
6. 6
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Bona Fide Requirements
(s. 11)
Standard, rule, requirement or factor:
Purpose rationally connected to
function?
Adopted in good faith?
Reasonably necessary in the sense
that it is impossible to accommodate
without undue hardship?
7. 7
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Appropriate
Accommodation
Separate from undue hardship
analysis
Continuum
Promotes three principles
Equal opportunity to attain same
level of performance or enjoy same
level of benefits and privileges
Proposed or adopted for purpose of
achieving equal opportunity
8. 8
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Accommodation Seeker
Inform the accommodation provider
of their needs
Co-operate in obtaining necessary
information
Participate in discussions about
solutions
Work with the other parties on an
ongoing basis to manage the
process
9. 9
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Accommodation
Providers
Accept accommodation requests in
good faith
Request only information required to
make accommodation
Obtain expert advice where
necessary
Bear the cost of any required
medical information or
documentation
10. 10
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Accommodation
Providers
Maintain confidentiality of persons
seeking accommodation
Take an active role in ensuring
possible solutions are examined
Deal with accommodation requests
in a timely way
11. 11
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Limits of Accommodation
Accommodation need not be
provided if it causes “undue
hardship”
Standard for undue hardship is a
high one
Onus of proof is on the
accommodation provider
12. 12
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Limits of Accommodation
FACTORS NOT CONSIDERED
Business inconvenience
Resentment or hostility from co-
workers
Operation of collective agreements
Customer “preferences”
13. 13
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Limits of Accommodation
FACTORS CONSIDERED
Costs
Outside sources of funding
Health and Safety
14. 14
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Costs
Quantifiable
Related to the accommodation
Look at whole organization, not
just branch/unit
Altering the essential nature or
affecting viability of business
15. 15
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Minimizing Costs
Recover/distribute costs
Immediate versus phased-in
Reserve funds
Outside sources of funding
Creative design solutions
16. 16
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Health and Safety
Requirements bona fide and reasonable
Look at alternate means of
accommodation to avoid risk
Assess nature/severity/probability/scope
of risk
Risk assessed after precautions have
been taken to reduce it
Does risk remaining after accommodation
outweigh benefits of enhancing equality?
17. 17
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Assessing Risk
Nature of risk (what could happen that
would be harmful?)
Severity of risk (how serious would the
harm be if it occurred?)
Probability of risk (how likely is it that the
potential harm will actually occur?)
Real risk, or merely hypothetical or
speculative? could it occur frequently?
Scope of risk (who will be affected by the
event if it occurs?)
18. 18
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Assumption of Risk
An accommodation seeker may wish
to take on some degree of risk:
Is person fully informed of risk?
How serious is the risk?
Is there a risk to anyone else?
19. 19
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Question
What are forms of accommodation that
might be relevant to someone with a mental
health issue in:
Employment
Housing
Services?
What are forms of accommodation based on
other Code grounds?
20. 20
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Types of Accommodation:
Employment
Modified facilities
Modified job duties
Flexible policies, procedures
Technical or human support
Time off
Alternate formats
Alternate methods of assessment
21. 21
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Types of Accommodation:
Housing
Modified units, common elements
Flexible policies, procedures
Considering alternative rental criteria
Third-party support
Alternate formats of communication
Taking disability into account as a
mitigating factor
22. 22
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Types of Accommodation:
Services
Flexible deadlines, or extra time given
Quiet service environment
Human support
Multiple ways of contacting the organization
Facilitating or providing support for
decision-making
Accessible forms and application
procedures
Flexibility in scheduling appointments
Considering disability as a mitigating factor
25. 25
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Scenarios
Ground
Social Area
Discriminatory effect?
Issues, principles, considerations
Problems, or anything else you need
to know in order to assess?
What could be done, or should have
been done differently?
26. 26
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Scenario #1
A person with a mental health
disability asks her landlord for
an accommodation. The
landlord tells her that before he
can accommodate her, he
requires that she give him her
medical diagnosis.
27. 27
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Scenario #2
A newly hired employee discloses that he has
bipolar disorder and asks his employer to call
his wife and doctor if they notice anything
unusual in his behaviour. He also states that he
may need to take a few days off if this happens.
His employer is concerned that he did not tell
them this when he applied. A few days later, the
employee starts exhibiting strange behaviour,
and the company dismisses him on the basis
that his high security position requires
someone who can handle stress, and is stable
and available.
28. 28
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Scenario #3
A person who is a newcomer to Canada
gets taken to a mental health hospital by
police. He does not speak English and
requests a language interpreter. The
hospital has a policy only to provide
services in English and French. ASL
interpreters are provided if needed for
someone’s disability. As a result, the
doctor does an assessment without an
interpreter present.
29. 29
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Scenario #4
A person with a mental health
disability applies for work using a
supported employment agency. The
supported employment agency tells
her that she is not ready for
employment because she has
recently been released from hospital,
and does not recommend her for a
position.
30. 30
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Scenario #5
A woman with schizophrenia shows
erratic behaviour in her apartment,
such as yelling in the night, putting
her TV out in the hallway, and
leaving papers on the stove burners.
The landlord, concerned about
health and safety, evicts her for
disturbing the “reasonable
enjoyment of the premises” of other
tenants.
31. 31
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Scenario #6
After a few weeks of being on a job placed
by a supported employment agency, the
employer tells the agency that “it’s not
working out” because the employee with a
mental health issue needs more time than
other workers to learn the position. The
supported employment agency depends
on good relationships with its employers.
They agree to place the person
somewhere else.
32. 32
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Scenario #7
A man who identifies as Muslim is in a forensic mental health
facility. He shares a room and eats his meals with other
patients. Due to his religious requirements, he requests halal
meals and that he be given a private space to pray several
times a day. Because of the side effects of his medication, he
also has difficulty eating his whole meal in the time given to
patients at meal times (all meals are supervised by staff).
Because of this, he is losing weight.
The hospital denies the requests for a special diet and a place
to pray because they lack available staff to respond to
individualized meal requests, and they don’t have extra space
in the facility. They say that special requests are often
difficult to agree to because they lack staff to provide the
extra supervision that may be required due to possible health
and safety concerns.
33. 33
Ontario Human Rights Commission
Commission ontarienne des droits de la personne
Opening Doors
August 2 & 3, 2012
Scenario #8
An addictions counselor’s coworkers start to
notice that she comes to work visibly under the
influence of alcohol. The employee starts
cancelling her counseling appointments
unexpectedly. Shortly thereafter, the manager
confronts the employee, who denies that she is
using alcohol. The employer terminates the
employee’s job, stating she is a health and
safety risk to her clients and cannot perform
the essential duties of her position.
Please feel free to ask questions during the presentation. I have an hour of speaking, and then we have a little less than an hour to go through some scenarios. But we have lots of time for discussion at the end. What do we mean by the “duty to accommodate”? Right. There’s this idea of equality, or “formal equality”, which means treating everyone the same. When we look at other human rights issues, this makes sense – we may compare how racialized employees are treated in a workplace compared to White employees. If there is different treatment, this could be discrimination. However, treating everyone the same doesn’t always result in true equality, or “substantive equality”. Treating people exactly the same will not result in real equality for people from historically disadvantaged groups. Because society is not designed with the needs of everyone in mind, there is an obligation to provide different treatment in some cases so everyone has equal opportunity. The Supreme Court has recognized this – noting the need to “fine-tune” society so that structures and assumptions do not exclude persons with disabilities from participation in society. It has said that standards should be designed to reflect all members of society, insofar as this is reasonably possible (Eaton & Meiorin). This means changing rules, policies, practices, standards, facilities to allow people to participate equally and gain equal opportunities if they are prevented from doing so because of their association with a Code ground.
Under the Code, organizations have the obligation to accommodate people with Code-related needs to the point of undue hardship. Principles of accommodation: There are three central principles involved with accommodation. These principles guide both the substantive accommodation – what the person gets in the end, and the process by which accommodation is achieved. The importance of Respect for the dignity . Accommodation must be provided in a manner that most respects the dignity of persons seeking accommodation, if to do so does not create undue hardship. This applies both to the accommodation that is provided, and to the process by which an accommodation is developed and implemented. Broad def’n: self-respect, privacy, confidentiality, comfort, autonomy, individuality. Secondly, accommodation is about putting people first. Accommodation is always about individuals . Each person’s request must be considered, assessed, and accommodated individually. This means, for example, that individualized testing is preferable to blanket rules. Full integration and participation: Persons seeking accommodation should be able to access their environment and face the same duties and responsibilities as everyone else, with dignity, and without impediment. This shifts the focus on to the responsibility of society to prevent and remove barriers for persons protected by the Code. Procedural & Substantive accommodation: The importance of the process of accommodation is just as important as the outcome. Many human rights cases have turned on whether or not the organizations did all that they could to accommodate the individual, even if they were unable to grant the accommodation at the end of the day, and organizations have been held liable for breaching the duty to accommodate. (Lane)
This a continuum of inclusion The principle of full integration and participation means that employers, landlords and service providers have a duty to design inclusively. In a service context this means that whenever facilities, policies, procedures or standards are being developed, they should be designed to be as inclusive as possible. Of course, there will be many situations where facilities, procedures or policies that are already in place pose barriers for persons with disabilities. In these situations, the preferred approach is to identify and remove the barrier, unless to do so would cause undue hardship. This is preferable to simply making a one-off accommodation for a single person with a disability. The AODA customer service standards are examples of policies that ensure wide-scale barrier removal. Where needs remain after inclusive design and barrier removal have been explored, the needs must be accommodated through special arrangements. This applies up to the point of undue hardship.
People can receive accommodation based on any Code ground, depending on the circumstances and the person’s individual needs. However, it is most common that people receive accommodation based on the following Code grounds. The same accommodation principles would apply to all Code grounds
Are there any rules or standards or practices or requirements that you have identified that may be problematic for people with mental health disabilities or addictions? What about other Code grounds? E.g. Family doctor funding models that offer indirect incentives for choosing patients that don’t take a lot of time to deal with their concerns. This is having the effect that older people, people with intellectual and mental health disabilities are being turned away from primary care because their needs are seen as too complex. E.g. Another example was reporting requirements under the Social Housing Reform Act, which gave people only a few days to report a change in income to their social housing provider. This meant that people with intellectual and mental health disabilities were having a rough time meeting the requirements, which put their housing in jeopardy.
Pick one of the examples and go through it. Where there are standards or rules or policies, procedures, decision-making practices, that create disadvantage for people with disabilities, this is considered to be prima facie discrimination. These are generally unintentional, and are usually embedded in the way an organization does things. When there is a case of prima facie discrimination, it is now up to the organization to demonstrate that their standard is justified, legitimate, or what we call bona fide – (1)(2) and (3). If they can, then this can defend against discrimination 1) – rationally connected – for example, is the standard rationally connected to what is being performed? 2) adopted in good faith – was it imposed honestly, and not for the purpose of excluding or discriminating against certain groups? 3) finally, is it possible to accommodate the person without incurring UDH? Is modifying or waiving the standard possible? This is based on the Supreme Court Case of Meiorin, in which a female firefighter lost her job because of a newly imposed aerobic standard, which the government said was necessary to do the job. She said it was discriminatory against women. This is called the Meiorin test. The Supreme court found that the standard passed the first two parts of the test, but failed the third one, because the standard was found not be to be “reasonably necessary”. The supreme court said that standards themselves must be inclusive and accommodate individual differences. It is relevant if an organization has identified how it accommodated (procedural duty to accommodate), if differing standards are applicable, if a standard can be waived or modified to allow for inclusion, or if there are viable alternatives to the standard proposed.
Do this analysis before getting into undue hardship. Full accommodation – phased-in – interim accommodation - alternative accommodation Emphasis equal opportunity. Accommodation does not entitle you to excessive rights. Appropriate accommodation is different depending on the situation and context Example: wheelchair ramp at the back of a clinic
There are roles for both accommodation seeker and accommodation provider: Note that pwd are not required to provide detailed information about the nature of their disabilities. They are required to disclose that they have a disability, and provide information about their limitations and the nature of their needs. In some cases, it may be necessary to obtain more detailed expert or medical opinions, in order to facilitate the accommodation. In these cases, accommodation seekers have a responsibility to co-operate with this process. The Policy also recognizes that accommodation is often not a one-time or static result. Needs may change over time, or the initial accommodation may not work out as well as hoped. All parties must work to manage the ongoing accommodation process. Working with others may also be necessary. In addition, in some cases, it may be difficult for some people to identify if they need accommodation – for example, people with mental health issues or addictions. Even where an accommodation need is suspected or known, and where the person is clearly unwell, this still triggers the duty to accommodate Accommodation is often not a one-time activity. Needs may change over time, or the initial accommodation may not work out as well as hoped. All parties must work together to manage the ongoing accommodation process.
Accommodation providers should not second-guess accommodation requests, unless they have a reasonable and bona fide reason for doing so. Again, a medical diagnosis of the person’s condition will usually not be relevant to planning accommodation. The key issue is how a disability affects an individual’s ability to fulfill their role as a service recipient/as a tenant/as an employee Organizations may find it necessary to require medical or other professional verification of limitations in order to support the accommodation request. If the organization is making this type of request, it should cover any associated costs.
Confidentiality is an important consideration in the accommodation process. Documentation supporting the need for a particular accommodation should only be provided to those who need to be aware of the information. In some cases, the accommodation required may be obvious, or the person seeking accommodation may know precisely what it is that is needed. If not, the accommodation provider needs to take an active role in ensuring that possible solutions are examined. And of course, accommodation requests must always be dealt with in a timely way. These requests must be taken seriously. Where accommodation requests have been not dealt with over a period of time, these have been taken to the Tribunal.
There are some limits to the duty to accommodate. Under the Code , accommodation need only be offered to the point of “undue hardship”. the standard for undue hardship is a high one. Undue hardship vs. reasonable accommodation The idea is that some degree of hardship acceptable – it’s only when hardship is “undue” that it can become a defence to not accommodate The onus is on the person who is claiming undue hardship to bring forward objective facts and figures to demonstrate this.
It is the Commission’s longstanding position that only factors that can be brought within these three things will be considered. These are the factors listed in the Code . They are the only factors considered under the Policy . First two are really components of the same thing.
costs can’t be speculative. Can include capital costs, operating costs, restructuring, or anything else that can be quantified. That is, the “that will bankrupt us!” without anything more, won’t wash. Look at whole organization, not just the division or branch. – What might amount to undue hardship in terms of cost for a small housing operation will not likely be one for a larger organization
In terms of assessing whether costs would alter essential nature or affect viability, look at these factors … Can it be phased in? Are there grants, subsidies, or loans available from government or non-government sources to offset the costs of the accommodation? Are there creative design solutions that don’t cost a lot? Most accommodations are not that expensive to make. Now there are reports that identify how costs can be recovered over the long term by making services accessible to people with disabilities. Service providers, housing providers and employers that receive government funding may say that they have limited budgets that prevent them from accommodating. However, organizations cannot use limited resources as a defense without first meeting the formal test of the duty to accommodate based on costs. Budgetary constraints should not dictate which accommodations are most appropriate for service providers/tenants/or employees. Accommodation process is a matter of degree. At the same time, where costs are prohibitive, the OHRC recommends where organizations receive funding from the government for promoting accessibility, the housing provider should track accommodation data and alert the government to any funding deficiencies that exist Governments could also be named as respondents in human rights complaints if they fail to provide sufficient funds or allow an organization to meet its duty to accommodate (autism cases) The remaining cost after these factors have been taken into account is what will be used to determine undue hardship.
Risks to health and safety, if serious enough, may constitute undue hardship. However, assessments of risk must be based on objective evidence and should not be speculative. They must be made based on a person's individualized circumstances As with costs, should be objective basis - not speculation consider other risks assumed within the company as a comparator Risk created by modifying or waiving a health and safety requirement is to be weighed against the right to equality of the person with a disability (this applies to risks that people can choose to take themselves in order to modify a requirement) -
Risks to health and safety, if serious enough, may constitute undue hardship. However, assessments of risk must be based on objective evidence and should not be speculative. They must be made based on a person's individualized circumstances. The accommodation provider should analyze the risk based on the following factors: the nature of the risk (what could happen that would be harmful?) the severity of the risk (how serious would the harm be if it occurred?) the probability of the risk (how likely is it that the potential harm will actually occur?) is it a real risk, or merely hypothetical or speculative? could it occur frequently? the scope of the risk (who will be affected by the event if it occurs?) Unless the risk is imminent, the accommodation provider must take steps to minimize the risk as part of their duty to accommodate. Only the risk that remains after the organization has taken steps to minimize the risk (including precautions and accommodations) can be considered when assessing undue hardship.
Test – Where possible, persons with disabilities should be allowed to assume risk with dignity, subject to the undue hardship standard. E.g. we’ve heard of cases where construction workers are allowed to take on the risk of wearing turbans instead of hard hats. (E.g. in wheelchair basketball case) At the same time, the organization has an obligation under H&S legislation not to place individuals in a situation of direct threat of harm. High probability of substantial risk to anyone will constitute an undue hardship.
Test – Where possible, persons with disabilities should be allowed to assume risk with dignity, subject to the undue hardship standard. E.g. we’ve heard of cases where construction workers are allowed to take on the risk of wearing turbans instead of hard hats. (E.g. in wheelchair basketball case) At the same time, the organization has an obligation under H&S legislation not to place individuals in a situation of direct threat of harm. High probability of substantial risk to anyone will constitute an undue hardship.
Test – Where possible, persons with disabilities should be allowed to assume risk with dignity, subject to the undue hardship standard. E.g. we’ve heard of cases where construction workers are allowed to take on the risk of wearing turbans instead of hard hats. (E.g. in wheelchair basketball case) At the same time, the organization has an obligation under H&S legislation not to place individuals in a situation of direct threat of harm. High probability of substantial risk to anyone will constitute an undue hardship.
Check time, decide how to do exercise – split into small groups These scenarios vary a bit, some focus more on what happened and whether it was discriminatory, and some focus on exploring issues and possibilities for preventing or problems. Give them 5 minutes to discuss each in groups of 2 (4 scenarios each), then see where they’re at. Do the first one together. Circulate around the room. Ground Social Area Discriminatory effect? Issues, Principles, Considerations Problems, or anything else you need to know in order to assess? What could be done, or should have been done differently?
Ground: disability Social area: housing Discriminatory effect: not quite there yet…need more info Considerations: Landlord needs as much information as is necessary to accommodate someone’s disability. In most case, a diagnosis is not needed. E.g. if a landlord knows someone has schizophrenia, what does that mean for the landlord, exactly? What matters is the person’s ability to function in the environment, their limitations and needs Must take accommodation requests in good faith, unless there is an objective reason to require further information Information requested should not be a bar to accommodation – in many cases, people with mental health issues can’t get proper medical documentation anyway, due to the unavailability of psychiatrists or other medical personnel. If the landlord really needs information to be verified (e.g. they need specific info about limitations, etc), then other types of information may also be useful – e.g. from social worker, community, individual
Ground: disability Social area: Employment Discriminatory effect: lack of accommodation, direct discrimination In this case, which is based on the “Lane case”, the employer clearly knew that the employee had a disability. After this happened, the employee had a severe episode, which resulted in hospitalization Employer does not have the right to know diagnosis – although this was volunteered in this case, the employer only needs to know what is relevant to meet the accommodation request Had an obligation to take the accommodation request in good faith, had means to do so Employers decision based on stereotypes Employers should not ‘second guess’ whether or not someone has a mental health disability Stigma prevents people from disclosing accommodation requests at the interview process – in fact, to do so, and then the if the person does not receive the job, it could give rise to a human rights application Is being stable, handling stress, and being available – are these BFR’s for his position? If this is true, the company would have to demonstrate that these are rationally connected to the position, were established in good faith, and that accommodation without undue hardship is impossible Ideas about what could or should have been done differently Grant accommodation request – set up formal accommodation plan with the employee. He was well aware of his triggers Establish an accommodation policy If there are BFRs in jobs that are recognized – break the duties of the job into essential and non-essential duties. The OHRC has a position on medical testing – it is not advised until after a conditional job offer is made. If there is a bona fide requirement for someone to be in particular physical or psychological health, someone could be asked to attend a physician and identify if they can meet the requirements of the position. This happens in circumstances in security positions like policing However, OHRC generally cautions against psychological testing for positions – not reliable predictors* \ Requires individual assessment – what kind of stability is needed for this position? Why is it necessary? What risk could occur?
Ground: not clear Social area: services Discriminatory effect: if no ground, it’s not clear It’s not clear. Language is not a Code ground, but can be an indicator of someone’s ethnic origin or place of origin. However, official policies are that interpretation is only offered in French (under the French Services Act), or to accommodate someone’s disability. There has not been a lot of supportive legal cases that say that a service must offer language interpretation in languages other than English or French. This is because language is not seen as an immutable characteristic, and people often learn other languages. The case law is unclear on these points. In some cases, people may have access to language interpretation at tribunals. People’s rights to a fair hearing are protected by having language interpretation in court. To establish that people require language interpretation as part of their rights to accommodation, a person might have to establish that lack of language is integrally connected to their place of origin, ethnic origin, or disability. For example, someone who has a disability like autism, and is a newcomer, may be prevented by their disability from learning a second language. This might help in making a case that being denied interpretation is a violation of their human rights. At any rate, many hospitals and services recognize that to provide decent service to a range of clients, particularly when making medical decisions, they must provide interpretation to people. Interpretation is now being seen as a “best practice”. For example, Mt. Sinai hospital has written a guide on serving newcomers with mental health issues, and a key piece of this is offering interpretation. Also, with services like AT&T, it may not be difficult to provide interpretation services.
Ground: disability Social Area: employment or services Discriminatory effect: direct discrimination, failure to accommodate A person with a disability cannot be told that they cannot fulfill the requirements of a function unless they have been individually assess and accommodated to the point of undue hardship What evidence was the person using to determine that they could not work? Was it based on skills, abilities, that were objective, or assumptions? What does job-readiness mean? Even if the person required more “readiness”, e.g., coaching, training, etc. could this have been accommodated to the point of undue hardship? Could the agency have worked with the employer to accommodate the employee? Could the employee be tested on their skills, abilities and ability to be at work prior to sending them to the field? There may be some legitimate reasons that cannot be accommodated why someone cannot be placed in a position; however, attempts must first be made to accommodate the person.
Ground: disability Social area: housing Discriminatory effect: lack of accommodation Walmer developments vs. Wolch – the landlord was supposed to have accommodated the person’s mental health issue, and not just assume that she interfered with the reasonable enjoyment of the premises by other tenants. The landlord tenant board upheld the eviction, and it went to a higher court. The higher court said that the landlord and tenant board made a mistake by not considering this persons’ circumstances under the human rights code, and said that the LTB should have asked the landlord if there were ways to accommodate her. For example, could the landlord have called the person’s family to assist. Could be an example of a competing right – right to accommodate under the Code, but also a legal right to enjoy one’s premises. In these cases, the housing provider is expected to listen to both parties and come up with solutions that will work for everyone. Sometimes, people will be expected to assist with accommdoation of other people on an ongoing basis.
Ground: creed, disability Social area: services Discriminatory effect : failure to accommodate Issues for consideration: How difficult could it be to have staff prepare a different meal? A separate space to pray – does it need staff supervision? If health and safety needs are paramount, could they rearrange staff to do this? Could they contract staff out if they need more staff? Could they ask the government for more staffing? Even though there is not a space to pray right now, could they do an interim accommodation within the person’s room, where the other person leaves for a period of time? Considerations – dignity, responding to individualized need, full inclusion A more inclusive approach is establishing a room of reflection where people of all creeds can go to worship or reflect. This might be a longer-term solution. What health and safety risks are present? Are they real risks, speculative? Are there mandatory requirements they must meet as a forensic facility, and if yes, could these be waived or modified without imposing undue hardship? In the case of meal times, he has not asked for accommodation – should that make a difference? What kind of accommodation might be appropriate? He may not be able to articulate his needs. I would think that if they notice he is losing weight, the organization has an obligation to ask or assist. What could they have done differently? If health and safety needs are paramount, could they rearrange staff to do this? Could they contract staff out if they need more staff? Could they ask the government for more staffing?
Ground: disability Social area: Employment Discriminatory effect: lack of accommodation (procedural & substantive) Issues or Principles: Part of the disability is that people do not accept that they have a problem The employer’s responsibility is to offer the person a program, accommodation, time off, which was not done Even if a program was offered to the person and rejected, the employer cannot fire the employee outright, unless to keep them on would constitute undue hardship. There must be a process of progressive discipline applied. Is it a health and safety risk to other clients? Employees? What are the risks – how do we measure the risks? It could be that this does constitute undue hardship – having an addictions counsellor who is under the influence of alcohol. If an employee refuses accommodation and cannot perform the essential duties of the position, disciplinary steps can be taken Last chance agreements “be sober or else”, are problematic from a Code perspective, because they don’t take into account the reality that part of recovery sometimes involves relapse. At the end of the day, the employee is expected to fulfill the essential requirements of the job (with or without accommodation), and perform meaningful work for the employer Problems, or anything else you need to know in order to assess? have clients complained? Ideas about what could or should have been done differently Use an accommodation policy Sit down with the person and work out an accommodation plan. Identify how progressive discipline may work If the behaviour is too much of a health and safety risk, consider providing a leave to the employee, under an employee assistance plan (accommodation doesn’t have to involve paid leave, unless there are STD and LTD provisions in place).