Disability Discrimination in the Workplace in Canada

Disability discrimination at work happens when a physical or mental disability is a factor in negative treatment or a workplace disadvantage. It can involve being denied a job, refused accommodation, passed over for opportunities or fired because of a medical condition.

Your health changed. Your rights haven’t. Employers must assess your abilities and accommodation needs rather than make assumptions about what you can do.

Samfiru Tumarkin LLP helps non-unionized employees in Ontario, Alberta and British Columbia address disability discrimination, protect their employment and pursue compensation. If your employer is ignoring medical restrictions, pressuring you to leave or treating you differently after learning about your condition, we can help you understand your next step.

On This Page:

• 1. What Counts as Discrimination?
• 2. Workplace Examples
• 3. The Duty to Accommodate
• 4. Medical Information and Privacy
• 5. Termination and Compensation
• 6. What You Can Do
• 7. Rights Across Canada
• 8. Common Questions
• 9. Get Legal Help

What Is Disability Discrimination at Work?

Disability discrimination can happen at any stage of employment, from recruitment to dismissal. The disability does not have to be the only reason for the treatment, and the employer does not have to intend to discriminate.

For example, an attendance rule that applies to everyone can still disadvantage employees who need disability-related medical treatment. An employer may need to adjust the rule rather than automatically discipline the employee.

Disability protections can cover physical conditions, mental health conditions, chronic illnesses, learning disabilities and addictions. A disability does not have to be visible or permanent. Protection can also apply when an employer wrongly assumes that you have a disability.

For the broader framework, read our guide to workplace discrimination in Canada.

Examples of Disability Discrimination in the Workplace

Situations that can raise disability discrimination concerns include:

• Hiring decisions based on assumptions: An employer rejects a qualified applicant because it assumes their condition will make them unreliable.
• Ignoring medical restrictions: A manager insists on duties that conflict with documented restrictions without properly assessing accommodation.
• Penalizing disability-related absences: An employee receives automatic discipline for treatment appointments without consideration of their medical needs.
• Blocking career opportunities: An employee is excluded from training or promotion because of stereotypes about their disability.
• Disability-related harassment: Coworkers mock an employee’s symptoms or mental health condition, and management fails to respond appropriately.
• Refusing a supported return to work: An employer demands that an employee return without any restrictions instead of assessing a medically supported plan.
• Ending employment because of a disability: An employer dismisses someone based on their condition without meeting its accommodation obligations.

The timing of a job change can be important evidence, but it is not the whole picture. What your employer knew, the reasons it gave and the options it considered also matter.

Your Employer’s Duty to Accommodate

The duty to accommodate requires employers to address disability-related barriers to work, up to the point of undue hardship. The process should focus on your individual needs and the essential requirements of your job.

Depending on the circumstances, accommodation can involve:

• Changes to your hours, breaks or schedule.
• Time away for treatment or recovery.
• Modified equipment or an accessible workspace.
• Adjustments to duties or work arrangements.
• A gradual return to work.
• Consideration of suitable alternative work where available.

Learn more about undue hardship in Canada.

Do you have to accept the employer’s proposal?

You are expected to participate in the process and consider reasonable options. You are not necessarily entitled to your preferred arrangement if another appropriate option meets your needs. If a proposal conflicts with your medical restrictions, explain the problem and seek clarification rather than simply refusing it without discussion.

What Medical Information Can Your Employer Request?

Your employer can request information reasonably needed to assess your accommodation needs. This will often focus on your work-related limitations, what duties you can perform and how long restrictions are expected to last.

You generally do not need to hand over your entire medical history or automatically disclose your diagnosis. More detailed information may be justified in some circumstances, but the request should be connected to a legitimate accommodation need.

Provide reasonable supporting information and updates when needed. If a request seems excessive, ask why the information is necessary and get advice before deciding how to respond.

Can You Be Fired While You Have a Disability?

Having a disability does not prevent every termination. An employer may make a legitimate decision unrelated to your disability, but it can’t use a layoff, restructuring or performance concern to disguise discrimination.

Where disability affects your ability to work, accommodation obligations must be assessed before concluding that you can’t continue in the job. A prolonged absence or uncertain return date can raise complex questions; neither automatically gives an employer permission to end your employment.

What compensation could be available?

Depending on the claim and jurisdiction, remedies can include lost income, compensation for harm to dignity and other proven losses. Workplace changes or reinstatement may also be available. If you were dismissed, your termination and severance rights should be assessed alongside any human rights claim.

What if discrimination is forcing you to quit?

Serious discrimination or a failure to accommodate can support a constructive dismissal claim. Get legal advice before resigning so you understand whether you can leave and pursue full severance pay—it can be as much as 24 months’ pay.

What to Do About Disability Discrimination

1. Explain your accommodation needs. Tell the appropriate person at work that a medical condition is affecting your duties or work arrangements.
2. Keep a written record. Save your requests, medical restrictions, the employer’s responses and relevant messages you are legally entitled to retain.
3. Document changes. Note when your hours, duties, performance reviews or treatment changed, and the reasons given.
4. Participate in accommodation discussions. Identify why a proposed arrangement works or conflicts with your restrictions.
5. Get advice promptly. Speak with a lawyer if your employer refuses to engage, threatens your job or asks you to accept a permanent change or settlement.

You do not need proof of every detail before asking for help. We can review the information you have and explain what else may be useful.

Do not assume that an HR complaint pauses a legal deadline. Complaint and court deadlines vary, and more than one may apply to your situation.

Disability Discrimination Laws Across Canada

Most employees are covered by provincial or territorial human rights legislation. Federally regulated workplaces, such as banks, airlines and telecommunications companies, fall under the Canadian Human Rights Act. The appropriate complaint process depends on your workplace’s jurisdiction.

• Ontario: Read our Ontario workplace discrimination guide.
• Alberta: Read our dedicated guide to disability discrimination in Alberta.
• British Columbia: Our BC employment lawyers can review accommodation, discrimination and dismissal issues together.

This page provides a Canadian overview. Our employment law team represents non-unionized employees in Ontario, Alberta and BC.

Frequently Asked Questions

Are depression and anxiety protected disabilities?

They can be. Mental health disabilities are protected even when symptoms are not visible. Your employer should assess your needs using relevant information rather than assumptions about the condition.

Do I need disability benefits to qualify for workplace accommodation?

No. Eligibility for insurance benefits and entitlement to workplace accommodation are different questions. You may need adjustments at work even if you do not qualify for short-term or long-term disability payments.

Does an insurer’s denial mean I must return to full duties?

Not automatically. A benefits decision does not, by itself, establish that you can safely perform every duty. Your employer must still assess relevant medical restrictions and accommodation obligations. If benefits have been denied or cut off, our disability insurance lawyers can review that issue as well.

Can my employer punish me for requesting accommodation?

Retaliation for asserting protected human rights can be unlawful. Record any threats or negative changes after your request. The timing and the employer’s explanation can help establish what happened.

What if my employer did not know about my disability?

Employers generally need enough information to recognize an accommodation need. In some situations, clear signs of a disability-related issue can require the employer to make appropriate inquiries. Do not assume your manager understands your needs without an explanation.

What if I belong to a union?

Contact your union promptly about accommodation, grievances and deadlines. Our employment law services are for non-unionized employees only. Union membership does not necessarily prevent us from helping with a separate disability insurance dispute.

Get Help With Disability Discrimination at Work

Managing your health is difficult enough without uncertainty about your job. We can review what happened, explain your options and help you decide how to respond.

The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees in Ontario, Alberta and BC challenge discrimination, address accommodation problems and pursue compensation. When disability insurance is also involved, our employment and disability teams can assess how the issues fit together.