I have primary job- night shift as medical lab technologist in chemistry at one laboratory in Brampton. I have primary
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have primary job as medical lab technologist in night shift at one lab in Brampton since 2 and 1/2 year, took up another job in it's competitor Lab in Mississauga since 1 year as medical lab technologist .I had diabetes which increased to uncontrolled levels while doing night job.My manager gave me a warning letter once for sleeping on job once. I applied for accomodation based on diabetes treatment required during day time.Employer gave me 2 months of accomodation in form of daay shift instead of night shift. When applied for permanent day shift they want to know about my other job with competitor about shedule time and how many hours I am working there to decide about continuing this accomodation in form of day shift. I think that at my primary employment at first lab want to remove me under the pretext of working at "competitor's lab" instead of giving accomodation for diabetes. What should I do? Should I give information in writing about my second job? I am worried.
JA: The Employment Lawyer will be able to walk you through that. Are you an "at will" employee? Do you belong to a union?
Customer: I am a canadian citizen.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Our employer donot allow union. I am hourly employee.
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Jessica
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Debra, Expert
Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.
Debra, Expert
I am sorry to hear of this difficult situation.
Are you saying for the past year they didn't care about your working for the competitor but now that you asked for the accommodation they do?
Debra, Expert
I don't take calls anyway.
This sounds like a clear case of discrimination.
The employer is required by law to provide you with reasonable accommodations unless doing so will cause the employer to undergo undue hardship.
It discipline you or dismiss you because of a disability is discrimination and contrary to the Human Rights Code. The exact same holds true for the failure to provide accommodations.
So if they refuse to provide you with these accommodations or if the dismiss you then your best next step would be to file a complaint with the Human Rights Tribunal.
Here is a link to the information you will need:
http://www.sjto.gov.on.ca/hrto/
Does that help as a starting point?
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