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Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
I know your question is important to you and I will be giving it the time and attention it deserves.
Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.
I am sorry to hear of this difficult situation.
These certainly are difficult times. But would you like for me to explain the law as it relates to vaccinations right now? I'm happy to do it but it will take several minutes.
I will explain the law but please understand that I'm not a doctor and also I'm just explaining the law. I didn't make the laws, I'm not prepared to try and justify them. I will just explain them as best I can. You should know that I am a senior retired lawyer in Toronto and that over the course of my career I have had extensive experience in disability law which included all areas of health law and human rights/discrimination law.
Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.
You do not have to be vaccinated. But it is not discrimination to treat you differently if you're not vaccinated. Under the human rights code vaccination status is not a protected ground.
However, if you had a medical reason why you could not be vaccinated then your employer would owe you a duty of reasonable accommodation. They have to accommodate you if they can without undergoing undue hardship.
That would not mean that you could come to work and interact with others. It could mean that you could work from home for example.
If you don't have a valid medical exemption then there is nothing else that you can do in terms of trying to argue that this is a breach of the human rights code.
The Ontario human rights commission has made a clear statement where they had stated that there is no valid religious exemption for not being vaccinated
If your doctor were to provide you with that exemption it would not have that's all be the case that the doctor would have to set out a specific diagnosis or particular medical details. The doctor would simply say that you cannot be vaccinated because it would put you at risk because of your medical history or situation and that will be all.
Does that help clarify the law ?
The hospital can do what they want. The point is if they don't want to give you a religious exemption you won't have any recourse because filing a complaint with the human rights Tribunal will not work. They will not accept your complaint.
You are very welcome.
Is there anything more I can help you with before I mark this question as complete?
Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.
Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.
Thank you very much!