• The Duty to Accommodate in Employment. Applying the principles of accommodating disabilities to the accommodation of age

Lambert Academic Publishing
Publication date:

(Julie McAlpine Jeffries, B.A., L.L.B., L.L.M., is a Canadian labour and employment lawyer. She is employed in-house at the University of Toronto, where she provides legal advice and is involved in policy development. She has previously worked in policy development with the provincial government and in private legal practice.)


Employees are increasingly working beyond traditional retirement age. In Canada this is due in part to a shift toward prohibiting mandatory retirement policies. However, impairments arising from aging may prevent workers from performing their duties. This book examines the employer''s duty to accommodate aging workers under Canadian human rights legislation. First the author thoroughly examines the case law regarding the duty to accommodate disability in order to determine how courts and tribunals balance employer and employee rights in disability cases. Then the author analyses how the duty to accommodate should apply to aging workers, emphasizing why the duty may apply differently to age than to disability. It is proposed that the duty to accommodate be narrower in respect of age than disability.

MATERIAS: Law, Labour, Employment, Human rights, disability, Agent, aging workers, accommodations, duty to accommodate, mandatory retirement