Disability: under the Ontario Human Rights Code, disability is:
- any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device,
- a condition of mental impairment or a developmental disability,
- a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language,
- a mental disorder, or
- an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.
Functional Abilities: abilities, precautions and/or limitations particular to physical, social or cognitive function, depending on the nature of the injury or condition. Functional abilities sometimes referred to as precautions or limitations.
Suitable Work: modified work may include the combining or “bundling” of tasks or duties which together may constitute a temporary or permanent job, or a short-term training program that results in a job with the injury employer. But there is no requirement for the injury employer to create a new job.
Post-injury work, including the worker’s pre-injury job, is considered “suitable” if it is work that
- is safe
- is productive
- the worker is medically able to perform according to his/her (physical/cognitive) functional abilities, and
- restores the worker’s pre-injury earnings, if possible.
Undue Hardship: Employers have a duty to accommodate to the point of undue hardship. Under Ontario’s Human Rights Code, there are three considerations when assessing whether an accommodation would cause undue hardship:
- cost
- outside sources of funding, if any
- health and safety requirements, if any.