She could not refuse to “unveil” herself in the course of a medical assessment
Release date: April 1st, 2014
An educator who was suffering from a sprained shoulder challenged the suspension of her IRR for failing to submit to a medical assessment. The physician terminated the evaluation due to the demands of the employee, who refused to remove her veil despite the presence of a woman during the examination. According to the CLP, the court cannot direct a physician on how to conduct an examination, as this relates to his professional freedom. The latter is also not bound by the methods used by those of his colleagues who have conducted such assessments despite the veil. He has to be able to manipulate the patient’s arms, to visually assess their condition, and he had the right to refuse to have the employee lift her veil herself. When submitting her claim, the employee implicitly agreed to submit to an examination of her shoulders. The employee’s demands were an obstacle to the examination, without valid reason. The suspension was upheld.
Berrada v. Commission scolaire de Montréal 2014 QCCLP 734 (C.L.P.) Mr. Robert Langlois
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