Companies need to treat invisible disabilities just as seriously as clearly visible ones, an Ontario court ruled recently.
The case involves Kevin Keays, a Honda Canada employee who was disallowed disability payments after a doctor decided chronic fatigue syndrome doesn't exist.
"Honda's misconduct was planned and deliberate and formed a protracted corporate conspiracy," the Ontario Superior Court said in the ruling, which came with two years salary and $500,000 in punitive damages for Keays.
Paul Waldie In the Globe and Mail:
"Just because Mr. Keays did not carry a white cane, use a hearing aid, or get around in a wheelchair, did not make him any less deserving of workplace recognition of his debilitating condition," the judge said. "Despite his many years of affliction, he continually had to "earn" any accommodation reluctantly granted by Honda. This ignores the fundamental principle of human rights law that accommodation is a right, not an indulgence granted by one's employer or, worse yet, an act of charity."
The judge also criticized Honda for running a "computer-managed workplace" that violated Keays' human rights.
Thanks to Keith Jackson who writes in Corporate Engagement, and mentions his own struggles with chronic fatigue syndrome. The case is also reported on the Canadian Employment Law Today site.
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