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.

Jeff Willbond, Director General, Proactive Compliance, 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
Jeff Willbond
Jeff Willbond
Director General, Proactive Compliance | Canadian Human Rights Commission
Sancho Angulo
Sancho Angulo
Advisor, Privacy and Data Governance | Office of the Chief Human Resources Officer, Treasury Board of Canada Secretariat
Asha Rampersad
Asha Rampersad
Lawyer | Turnpenney Milne LLP
Lindy Herrington
Lindy Herrington
Lawyer | Turnpenney Milne LLP
Maddie Axelrod
Maddie Axelrod
Partner | Borden Ladner Gervais LLP
Sydney Elaine Butler
Sydney Elaine Butler
Founder, Speaker, and HR/DEIA Consultant, Accessible Creates | HR Professional | Neurodiversity Coach | DEIB Facilitator
Jennifer Willems
Jennifer Willems
Return to Work Specialist | Workers Compensation Board of Manitoba
Geoff Mason
Geoff Mason
Partner | Miller Thomson LLP
Michael Gargaro
Michael Gargaro
Associate | Miller Thomson LLP
Natasha Savoline
Natasha Savoline
Partner | Bernardi Human Resource Law LLP
Rosalie Springer
Rosalie Springer
Lawyer & Workplace Investigator | Bernardi Human Resource Law LLP
Alison Renton
Alison Renton
Lawyer & Workplace Investigator | Bernardi Human Resource Law LLP
Nicole Sloboda
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
Download Printable Version

Day 1 | Monday, October 28, 2024 | 10:30am to 3:30pm (EDT)

10:30 am – 10:40 am (EDT)

Welcome and Opening Remarks

10:40 am – 11:30 am (EDT)

Jeff Willbond
Jeff Willbond
A Place for All – The Leadership Imperative for Advancing Human Rights in the Workplace

11:30 am – 11:45 am (EDT)

Screen Break

11:45 am – 12:45 pm (EDT)

Keeping Pace: Duty to Accommodate 2024-2025
Geoff Mason
Geoff Mason
Michael Gargaro
Michael Gargaro

12:45 pm – 1:15 pm (EDT)

Screen Break

1:15 pm – 2:15 pm (EDT)

Rosalie Springer
Rosalie Springer
When it Comes to Progressive Discipline and Termination

2:15 pm – 2:30 pm (EDT)

Screen Break

2:30 pm – 3:30 pm (EDT)

Alison Renton
Alison Renton
Navigating Complexities in Substance Use Disorder and Mental Health Accommodation

3:30 pm (EDT)

Chairperson’s Closing Remarks

Day 2 | Tuesday, October 29, 2024 | 10:30am to 3:30pm (EDT)

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
Sydney Elaine Butler
Sydney Elaine Butler
Sancho Angulo
Sancho Angulo
Maddie Axelrod
Maddie Axelrod

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
Asha Rampersad
Asha Rampersad
Lindy Herrington
Lindy Herrington

12:50 pm – 1:10 pm (EDT)

Screen Break

1:10 pm – 2:10 pm (EDT)

Natasha Savoline
Natasha Savoline
Gender Identity and Expression in the Workplace: Considerations and Accommodations

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
Nicole Sloboda
Nicole Sloboda
Jennifer Willems
Jennifer Willems
Anthony Purgas

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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Birchmount Group Testimonials
What they're saying about us
Manager Health, Safety and Security | Sault College

Learned new strategies and networked with other professionals.

Manager, Disability Case Coordinator | University Health Network

Touched on real aspects we face on a day-to-day basis.

Ability Management Consultant | Island Health

Loved the opportunity to ask questions and scenarios represented.

Human Resources | Lake Babine Nation

Learned a lot and will be recommending this conference.

VP, General Counsel & Compliance Officer | MacEwan University

It addressed all the major topics in creating and maintaining a program.

Disability Management Coordinator | Newfoundland Health Services

Great content, thoroughly enjoyed.

Agenda
View the Agenda and Learn about the Topics for the 2024 Faculty Misconduct in Higher Ed Canada Virtual Conference

Day 1 | Thursday, May 2, 2024 | 10:30am to 3:00pm (EDT)

10:30 am – 10:45 am (EDT)

Dr. Arig al Shaibah
Dr. Arig al Shaibah
Welcome and Opening Remarks

10:45 am – 11:45 am (EDT)

Jonathan Maier
Jonathan Maier
A Legal Lens on Faculty Misconduct
  • Procedural issues and communications management
  • Working with internal university stakeholders – assembling the evidence
  • Off-duty conduct and respectful workplace requirements – balancing the tension
  • Processing and proving discipline cases at arbitration – what to expect

11:45 am – 11:55 am (EDT)

Screen Break

11:55 am – 12:55 pm (EDT)

Dr. Julia Christensen Hughes
Dr. Julia Christensen Hughes
Academic Integrity and Research Misconduct: Insights on Institutional Prevention and Response
  • What is academic integrity and why is it essential?
  • What types of academic misconduct have faculty and administrators engaged in?
  • How prevalent is academic misconduct in Canada and what are some of the contributing factors (including AI)?
  • What policy changes have made in Canada to strengthen research integrity?
  • What steps should institutions take to combat misconduct?

12:55 pm – 1:05 pm (EDT)

Screen Break

1:05 pm – 2:05 pm (EDT)

Freedom of Expression, Academic Freedom and Misconduct

Academic freedom lies at the core of the mission of the university. Universities must defend it together with the broader expressive rights of their community members, yet have legitimate competing interests and obligations. Neither academic freedom nor the right of free expression provide a license to break the law, be dishonest, or breach ethical and disciplinary standards. Requiring civility and striving for inclusion is no doubt legitimate, but taken too far can impinge on expression and constrain teaching and research.

What is the difference between academic freedom and freedom of expression? Where is the legal line? When does expression violate the law or constitute harassment or threats? What mechanisms can administrators use to resolve these issues?

Some areas we will cover:

  • Crisis planning
  • Campus speakers protest prep and response
  • Hate speech
  • Considerations for student fees and clubs
  • Academic freedom
  • Free speech zones
  • Student newspapers and yearbooks
  • Social media speech
Dan Michaluk
Dan Michaluk
Teagan Markin
Teagan Markin

2:05 pm – 3:00 pm (EDT)

Dr. Arig al Shaibah
Dr. Arig al Shaibah
Facilitated Discussion and Chairperson’s Reflections, Insights and Closing Remarks

Day 2 | Friday, May 3, 2024 | 10:30am to 3:00pm (EDT)

10:30 am – 10:45 am (EDT)

Dr. Arig al Shaibah
Dr. Arig al Shaibah
Welcome and Opening Remarks

10:45 am – 11:45 am (EDT)

Elizabeth Bingham
Elizabeth Bingham
When Mental Illness and/or Addiction is a Complicating Factor in Faculty Misconduct
  • Understanding the ways in which mental health overlaps with investigative issues, including human rights, policies and legal obligations and misconduct
  • How to handle mental health concerns before, during and after a misconduct investigation
  • Strategies for mitigating any negative mental health impacts of the investigation
  • Mental health effects of the investigation

11:45 am – 11:55 am (EDT)

Screen Break

11:55 am – 12:55 pm (EDT)

Asha Rampersad
Asha Rampersad
Addressing Faculty Sexual Misconduct at Postsecondary Institutions

The legal rules which may govern student and staff or faculty relationships.

  • Essential steps and potential interim measures while investigating sexual misconduct
  • New legislation and trends in the sector
  • Best practices for compliance and implementation in a unionized workplace
  • Practical tips on conducting investigations into sexual misconduct using a trauma-informed approach

12:55 pm – 1:05 pm (EDT)

Screen Break

1:05 pm – 2:05 pm (EDT)

Liliane Gingras
Liliane Gingras
Understanding the Role of a Whistleblower Safe Disclosure Program
  • What is a whistleblower program and what does it do
  • The whistleblower landscape in Canada
  • The components of an effective whistleblower program  – what does a whistleblower program entail?
  • Benefits and challenges of whistleblower programs
  • Key considerations when deciding whether to implement a whistleblower program

2:05 pm – 3:00 pm (EDT)

Dr. Arig al Shaibah
Dr. Arig al Shaibah
Facilitated Discussion and Chairperson’s Reflections, Insights and Closing Remarks
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