How Does The Saskatchewan Human Rights Code Affect IME Practices?

Brief Overview:The Saskatchewan Human Rights Code plays a significant role in influencing the practices surrounding Independent Medical Evaluations (IMEs) in the province. IMEs are commonly used to assess an individual’s medical condition and determine their fitness for work or eligibility for benefits. The Human Rights Code ensures that IME practices adhere to non-discriminatory principles and protect individuals from unfair treatment based on their disability or any other protected grounds.


1. Prohibition of Discrimination: The Saskatchewan Human Rights Code prohibits discrimination based on various protected grounds, including disability. This means that IME practices must not discriminate against individuals with disabilities during the assessment process.

2. Reasonable Accommodation: The Code requires employers and service providers, including those involved in conducting IMEs, to provide reasonable accommodation to individuals with disabilities, unless it would cause undue hardship. This may involve making necessary adjustments to accommodate an individual’s disability during the evaluation process.

3. Informed Consent: The Code emphasizes the importance of obtaining informed consent before conducting an IME. Individuals must be fully aware of the purpose and scope of the assessment, as well as any potential consequences arising from it.

4. Objective Assessment Criteria: IMEs conducted under the influence of the Saskatchewan Human Rights Code should use objective criteria relevant to determining functional abilities rather than subjective opinions or biases.

5. Confidentiality and Privacy: The Human Rights Code enforces strict confidentiality and privacy measures regarding personal health information obtained during an IME, ensuring that only authorized parties have access to such sensitive data.


1. Do all employers have to comply with the Saskatchewan Human Rights Code when requesting an IME?
Yes, all employers operating within Saskatchewan must comply with the provisions outlined in the Human Rights Code when requesting or utilizing IMEs.

2. Can individuals refuse to undergo an IME due to concerns about discriminatory practices?
While refusal is generally discouraged without valid reasons, individuals can discuss their concerns about discriminatory practices with the requesting party or seek legal advice to explore possible alternatives.

3. Are IMEs required to consider an individual’s accommodations or assistive devices?
Yes, in order to ensure a fair and accurate assessment, IMEs must take into account any accommodations or assistive devices used by individuals with disabilities during the evaluation process.

4. Can the results of an IME be challenged under the Saskatchewan Human Rights Code?
Yes, individuals who believe that they have been subjected to discrimination based on their disability during an IME can file a complaint with the Saskatchewan Human Rights Commission for investigation and potential resolution.

5. Are there any implications for healthcare professionals conducting IMEs within this jurisdiction?
Healthcare professionals conducting IMEs must adhere to the principles outlined in the Human Rights Code, ensuring unbiased assessments and maintaining strict confidentiality of personal health information obtained during evaluations.

6. What is considered reasonable accommodation during an IME?
Reasonable accommodation may include adjustments such as allowing extra time for completing tasks, providing accessible facilities at assessment sites, or accommodating specific needs related to communication or mobility.

7. Can employers use previous IME reports when making decisions about employment or benefits without conducting a new assessment?
While previous reports can provide useful information, it is generally recommended that employers rely on recent assessments tailored specifically to their requirements rather than solely relying on past evaluations.

The Saskatchewan Human Rights Code ensures that Independent Medical Evaluations (IMEs) are conducted fairly and in line with non-discriminatory principles. With provisions protecting individuals from discrimination based on disability and other protected grounds, it emphasizes informed consent, objective criteria usage, reasonable accommodation considerations,and robust confidentiality measures throughoutthe assessment process.This promotes equityand safeguards individuals’ rights when undergoingIMEdeterminations relatingtoemploymentorbenefits eligibility.