Disability in the Workplace
What Are My Rights as a Worker With a Disability?
Employers are required to accommodate an employee’s disability to the point of “undue hardship”. This means that employers must make special adjustments for employees with disabilities so that they are able to complete their work. While the duty to accommodate is not limitless, requiring employers to accommodate to the point of “undue hardship” sets a very high standard for employers to meet.
Determining the appropriate accommodation for an employee with a disability is a highly individualized process. The resulting accommodation will differ from person to person and from workplace to workplace. Possible accommodations might include modifying an employee’s duties, shortening work hours, installing special office equipment, and/or granting leaves of absence.
If your employer fails to accommodate your disability, you have recourse under the Ontario Human Rights Code and other applicable human rights legislation.
What if I Didn’t Tell My Employer About My Disability?
A request for accommodation does not always have to be communicated to the employer. If the employer ought to have known there was a disability, they have a duty to inquire further into the employee’s circumstances.
Why You Should Contact Us
Our lawyers are experienced in assisting employees navigate the complicated process of workplace accommodations, including the return to work process when the employee has been away from work for an extended period of time. As well, we have experience in negotiating severance packages, and getting human rights damages, where an employee has been terminated as a result of their disability, or feel they are no longer able to work due to their disability.
We can also help even if your claim is against someone other than your employer. Our lawyers are experienced in litigating long-term disability claims against insurers and navigating all sorts of Workplace Safety and Insurance issues. If your disability was the result of a workplace injury, or you are in the midst of appealing a long-term disability claim with your insurer, we can help. Contact us for more information.