Keeping Pace with Human Rights in the Workplace

Misunderstandings surrounding duty to accommodate obligations are common, and even more so now as this legal obligation is evolving in groundbreaking ways. Creating a respectful, diverse and barrier-free workplace requires leadership that is committed to understanding the eleven grounds of discrimination that are protected under the Canadian Human Rights Act: how do they manifest in the workplace, what can we do to prevent unfair treatment, and how can we support the accommodation process for those that need it. Each case is unique, and we can’t take a one-size-fits-all approach.

Sheila Osborne-Brown, acting Senior General Counsel and Director General of the Legal Services Branch at the Canadian Human Rights Commission will keynote Birchmount Group’s Duty to Accommodate Conference 2024 where we will go beyond the fundamentals and provide an update on where accommodation obligations stand today. We will set out the actions to show exemplary leadership in fostering an inclusive workplace. We will hear from legal experts on how to avoid liability and common pitfalls.

Key Points
  • Update workplace policies and practices on emerging areas within family status, religious observance, gender identity and gender expression
  • Special focus on accommodating neurodivergences
  • Get updates on how cases are currently being interpreted by the courts, human rights tribunals and arbitration boards
  • Explore collective agreement scenarios and the role of the union
  • Navigate effective communication with privacy and confidentiality considerations
  • Ensure your organization’s accommodation framework reflects both procedural and substantive duty
  • Learn what to do when mental health is a complicating factor in prevention, intervention, and return to work
  • Culpable performance: steps for employers to take when terminating an employee with a disability
  • Identify and distinguish between employee “wants” and “needs”
  • Differentiating between accommodation and accessibility
  • Active problem-solving strategies for Return-to-Work accommodation
Who Should Attend

Human resources, employee relations, disability management, employee health and safety, and in-house counsel from:

  • Federal government
  • Provincial governments
  • Municipal governments
  • Indigenous governments
  • Higher education
  • Healthcare
  • Social services sector
Speakers
Learn about the Speakers for the 2024 Duty to Accommodate Virtual Conference
Sheila Osborne-Brown
A/Director and General Counsel, Legal Services Division | Canadian Human Rights Commission
Sancho Angulo
Advisor, Privacy and Data Governance | Office of the Chief Human Resources Officer, Treasury Board of Canada Secretariat
Asha Rampersad
Lawyer | Turnpenney Milne LLP
Lindy Herrington
Lawyer | Turnpenney Milne LLP
Maddie Axelrod
Partner | Borden Ladner Gervais LLP
Sydney Elaine Butler
Founder, Speaker, and HR/DEIA Consultant, Accessible Creates | HR Professional | Neurodiversity Coach | DEIB Facilitator
Jennifer Willems
Return to Work Specialist | Workers Compensation Board of Manitoba
Geoff Mason
Partner | Miller Thomson LLP
Michael Gargaro
Associate | Miller Thomson LLP
Natasha Savoline
Partner, Workplace Investigator & Lawyer | Bernardi Human Resource Law LLP
Rosalie Springer
Lawyer & Workplace Investigator | Bernardi Human Resource Law LLP
Alison Renton
Lawyer & Workplace Investigator | Bernardi Human Resource Law LLP
Nicole Sloboda
Leader-Short Term Absence Team, Absence and Disability Management | Fraser Health Authority
Anthony Purgas
Senior Legal Counsel – Labour and Employment | University of Alberta
Agenda
View the Agenda and Learn about the Topics for the 2024 Duty to Accommodate Virtual Conference

10:30 am – 10:40 am (EDT)

Welcome and Opening Remarks

10:40 am – 11:30 am (EDT)

A Place for All – The Leadership Imperative for Advancing Human Rights in the Workplace
  • Putting people first, empowering employees to reach their full potential and inclusive leadership vs. managing
  • Accessibility vs. Accommodation
  • Supporting legislation (legal case vs business case)
  • Future of work

11:30 am – 11:45 am (EDT)

Screen Break

11:45 am – 12:45 pm (EDT)

Keeping Pace: Duty to Accommodate 2024-2025

12:45 pm – 1:15 pm (EDT)

Screen Break

1:15 pm – 2:15 pm (EDT)

When it Comes to Progressive Discipline and Termination
  • What can an employer do if they do not receive sufficient evidence to substantiate an accommodation request?
  • What factors should employers consider during the accommodation process and at what point is discipline appropriate?
  • What can an employer do if the employee is not complying with the process?
  • Best practice tips for providing feedback, discipline, and terminating an employee who receives accommodation

2:15 pm – 2:30 pm (EDT)

Screen Break

2:30 pm – 3:30 pm (EDT)

Navigating Complexities in Substance Use Disorder and Mental Health Accommodation

3:30 pm (EDT)

Chairperson’s Closing Remarks

10:30 am – 10:40 am (EDT)

Welcome and Opening Remarks

10:40 am – 11:40 am (EDT)

Neurodiversity at Work: What it is, Why it’s important, and Ways to Accommodate It
  • Entering the Workforce: Recruitment
  • Staying in: Retention and Wellbeing
  • Advancing and Development
  • Reframing Workforce Culture

11:40 am – 11:50 am (EDT)

Screen Break

11:50 am – 12:50 pm (EDT)

Navigating Workplace Investigations Involving Parties who are Neurodivergent or have a Mental Disability

Most organizations are familiar with diversity as it relates to EDI efforts, but less attention has been paid regarding how to accommodate and investigate complaints involving employees who are neurodivergent and/or have a mental disability. This timely and practical session will address:

  • Whether it is appropriate to conduct an investigation in instances where the person’s disability is a factor in the conduct and considering if alternative avenues should be pursued.
  • The importance of conducting threshold assessments in appropriate cases to determine whether a complaint should advance to an investigation.
  • How to approach situations where you suspect a party may be neurodivergent or have a mental health disability.
  • Factors to consider when drafting credibility assessments involving neurodivergent individuals or an individual who may have a mental health disability.
  • How to make the investigation practice more flexible in order to obtain the best evidence possible.
  • Best practice tips for conducting interviews with neurodiverse parties using a trauma-informed lens

12:50 pm – 1:10 pm (EDT)

Screen Break

1:10 pm – 2:10 pm (EDT)

Gender Identity and Expression in the Workplace: Considerations and Accommodations
  • Learn about recent legal decisions about gender identity and expression
  • Gain greater understanding of proactive support, inclusiveness, and respect of gender identity and expression
  • Expand awareness of how to fulfill duties under human rights legislation about gender identity and expression

2:10 pm – 2:20 pm (EDT)

Screen Break

2:20 pm – 3:30 pm (EDT)

Real Talk with Employers: Candid Discussion on Key Lessons and Insights

3:30 pm (EDT)

Chairperson’s Closing Remarks
Virtual Conference Details
What You Will Receive at the 2024 Duty to Accommodate Virtual Conference

Attend this conference from wherever you are and hear our faculty of experts share their expertise and insights on optimizing your approach to faculty misconduct. Share your comments, get answers to your questions and have your say in the discussion just as you would at an in-person event:

  • Full access to all presentation materials
  • Participation in sessions in real-time
  • Full access to a recording of the event to view at your convenience
Registration Details
Everything you need to know to Register for the 2024 Duty to Accommodate Conference

Individual Rate | $495 + HST each
Group Rate (2 or more) | $395 + HST each

Your registration fee includes full access to all presentation materials, participation in sessions in real time, and full access to a recording of the event to view at your convenience for three (3) months.

Payment can be made by all major credit cards. Payment can also be made by cheque by emailing info@birchmountgroup.com and requesting an invoice.

Substitutions can be made at any time. If you are unable to attend, a colleague may take your place at the event. Simply contact us so we can be sure your colleague receives full access to the conference materials, a name badge, and a seat reserved at the conference.

BIRCHMOUNT CONFERENCES GROUP reserves the right to cancel any conference it deems necessary. In the unlikely event that a conference is cancelled, BIRCHMOUNT CONFERENCES GROUP’s liability is limited to paid registration fees.

BIRCHMOUNT CONFERENCE GROUP also reserves the right to change the date, location, and content for event(s) offered herein without further notice and assumes no liability for such changes.

Resource Centre
Speaker Presentations and Toolkits for 2024 Duty to Accommodate Virtual Conference Delegates

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