An employee has asthma, which is recognized as a disability under Ontario's human rights code. The employee says that he has difficulty breathing at certain times of the year, including in the spring, when there is pollen in the air, and on very cold days in the winter. In fact, the employee has so much difficulty breathing that he is frequently absent from work. He asks permission to work from home on days when it is difficult for him to breathe. However, this would require him to take confidential materials out of the office, which raises security concerns.

The employer is willing to accommodate the employee within reason. The employer asks for a letter from the employee's doctor explaining what work the employee is capable of, and the prognosis and expected timeframe for improvement of the employee's condition, if applicable. The doctor provides a letter stating simply that the employee must work from home until further notice from the doctor.

The employer asks the employee to provide a more detailed letter from his doctor so that he can assess whether the doctor just accepted what the employee told her or conducted tests and formed an independent diagnosis or prognosis. The employee refuses, saying that disclosing additional details would violate his privacy. The employer then asks the employee to see a doctor selected by the employer. The employee refuses on the same grounds.

1.Does the employer still have a duty to accommodate the employee's disability under these circumstances?

2. If the employer has a duty to accommodate, does the employee have a corresponding duty to cooperate with the employer?

3. If not, why not?

4. If so, to what extent?