Employer Accommodated Disabled Employee but Still Discriminated


An orthodontic practice made accommodations for a technician suffering from work-related pain in the arms and hands including letting him work at his own pace, take rest breaks whenever he needed, take time off for doctor appointments and hand off his physically demanding duties. But the pain persisted and when the technician’s productivity dipped below 50%, he was terminated. The technician contended that other technicians should have been required to work extra hours to take up the slack but the Court said that would have imposed undue hardship on the practice. But while the practice met its duty to accommodate, it still had to pay $10K in damages for factoring the technician’s disability into its termination decision [Nason v. Thunder Bay Orthopaedic Inc., 2017 ONCA 641 (CanLII), Aug. 3, 2017].