The duty to inquire kicked in fast after workplace incident
On February 26, 2026, Ontario's Human Rights Tribunal ruled that a worker who spent approximately two hours on a job tryout was entitled to $7,500 in compensation for injury to dignity, feelings and self-respect, after the Tribunal found the respondent liable for failing to discharge the procedural component of the duty to accommodate — the duty to inquire about accommodation — following a workplace injury. Adjudicator Lavinia Inbar's decision found the applicant's situation fell within the Human Rights Code's employment protections even in this brief tryout arrangement.
According to his evidence, Kyle DaRosa said he responded to an advertised position with Applied Energy Inc. in late 2017. The Tribunal noted the respondent asserted in its Response that it never advertised a position. DaRosa's evidence was that the company indicated it wished him to commence a two-day job assignment at one of its work sites so it could evaluate his performance.
While operating a hammer drill, his glove got caught and the extension cord wrapped around his arm. Some joints in three fingers of his left hand were dislocated. Despite the pain, he reset them himself.
The owner asked if he should call 911. DaRosa said yes. The owner made two other calls first. DaRosa drove himself to hospital, where his fingers were splinted and he was prescribed Naproxen. The Tribunal found that, in the circumstances, the respondent should have inquired...
Kenneth Scott Miller, 48, is charged with a felony count of making a false report to law enforcement. He was released from the Escambia County Jail on a $500 bond. According to an Escambia County ...