I agree that an attendance management program, as a standard in a workplace, is not systemically discriminatory if, as a standard, it is adopted in good faith for a purpose rationally connected to operational needs in a workplace and if it is "reasonably necessary", as that has been defined in the case law respecting the issue of undue hardship to the employer: Meiorin. This is well supported by the case law relied upon by the respondent, including Hydro-Québec v. Syndicat des employe-e-s de techniques professionnelles et de bureau d’Hydro-Québec, section locale 2000 (SCFP-FTQ), 2008 SCC 43 [63 C.H.R.R. D/301] ("Hydro-Québec"). I agree that it is not an adverse impact or inherently discriminatory to tell an employee that they have an attendance problem that is negatively impacting the employer’s operations, to inform them of an attendance management program and to place them on such a program. It is also clear, based on the case law, that the fact an employee experiences stress from being informed that they are being placed on an attendance management program does not constitute an adverse impact.
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