Accommodation of Disabilities At Work
The Ontario Human Rights Code and Canadian Human Rights Act for federally regulated employers, require employers to make every reasonable effort to find accommodations for employees with disabilities.
Do you have questions about whether reasonable accommodation is being made by your employer? Do you feel like you have been discriminated against in a situation where you have:
- Been demoted or fired after being sick or requesting accommodation?
- Failed to receive a promotion?
- Been paid less than others with the same skills in the same roles?
- Been treated differently on the job?
If you have a disability and this sounds like your experience, you have options.
What You Need To Know
When it comes to seeking accommodation in your workplace, there are a few things you need to know:
- There is a lot of confusion amongst employers, employees and medical professionals regarding what is an appropriate medical request for an employer to make when dealing with a “return to work” situation
- Human rights law requires an employer to accommodate an employee’s disability to the point of undue hardship ‒ this is a significant obligation
- Accommodations vary and will depend on the unique circumstances of the individual, but accommodations may include modifying work hours, granting a leave of absence to recover, providing technical aids, permitting breaks, and modifying work duties
- It is not the employer’s decision alone as to what is an appropriate accommodation. Courts and administrative tribunals have emphasized the importance of employers and employees working together in finding accommodation solutions
- Disabilities covered under the Human Rights Code include mental illnesses and addictions
Get Informed: Getting it Right: Accommodation of Mental Illness Disability in the Workplace
Get Started With One Call
If you have a physical or mental disability that you believe is not being accommodated in your workplace, we recommend connecting with an employment law expert. The team at Morrison Reist Krauss can assess your situation and outline the steps you can, and should, take to resolve the situation reasonably.
Ready to find a resolution? Contact Morrison Reist Krauss.
Call today: 519.576.5351 or Toll Free: 1.800.354.5723