Duty to Inquire in Ontario: What employees should know about their rights

In Ontario, employees are protected under the Ontario Human Rights Code (OHRC) when it comes to issues of accommodation in the workplace. One crucial aspect of these protections is the employer’s Duty to Inquire—a lesser-known but significant legal obligation that ensures employees receive the help they need when they may not be able to ask for it themselves. Here’s what you need to know about the duty to inquire and how it can affect your rights at work.

What is the Duty to Inquire in Ontario?

The Duty to Inquire requires employers in Ontario to ask if you need assistance when they notice changes in your behavior, such as frequent absences or signs of stress. This gives employees a chance to disclose any issues that may require workplace accommodations, like a health condition or personal difficulties.

Why is the Duty to Inquire important for employees?

For many employees, opening up about personal struggles, health conditions, or mental health can feel uncomfortable. You might worry about being judged or even losing your job. That’s why the Duty to Inquire is so important—it’s a safeguard for employees who might not feel ready to ask for help.

Here’s why it matters to you:

1. Protection Before Discipline: If you’re having trouble at work and it’s due to a condition that could be accommodated, your employer can’t jump straight to discipline. They have to first check in and see if there’s something deeper going on.
2. Getting the Help You Need: Sometimes, it’s hard to ask for help. The Duty to Inquire gives your employer the opportunity to offer accommodations, like adjusting your workload or giving you more flexibility, without you needing to initiate the conversation.
3. Fair Treatment: This duty prevents discrimination. Your employer can’t punish you for something that might be out of your control without first checking to see if you need accommodation.

What should you do if your employer fails to inquire?

If your employer notices significant changes in your behavior or work performance but doesn’t ask if you need help, they may be failing to meet their legal obligation. If they discipline or terminate you without first exploring whether you need accommodation, you could have grounds to challenge their actions under the OHRC.

Here’s what you can do if this happens:

• Document the Situation: Keep a record of any changes in your performance and any communications you’ve had with your employer. If they skip over the Duty to Inquire and punish you instead, having evidence can strengthen your case.
• Consult an Employment Lawyer: If you think your employer has ignored their duty and you’ve been treated unfairly, speak with an employment lawyer at Samfiru Tumarkin LLP. They can help you figure out if you have a case and guide you through the process of seeking compensation.

How does ignoring the Duty to Inquire impact employers?

If your employer fails to follow the Duty to Inquire and takes disciplinary action against you without offering support or accommodations, they could face legal consequences. For example:

• Wrongful Dismissal Claims: If you’re fired without your employer first addressing possible accommodation needs, you could claim wrongful dismissal. This would provide you with Ontario severance pay totaling up to 24 months’ pay.
• Human Rights Violations: If the failure to inquire is related to a disability or protected ground under the OHRC, you could file a human rights complaint for discrimination.

Employers can be held accountable for not respecting the Duty to Inquire, and you have the right to challenge any unfair treatment you face as a result.

WATCH: Employment lawyer Lior Samfiru explains what you need to know about the Duty to Accommodate on the Employment Law Show.

Contact Us Today

The Duty to Inquire in Ontario is there to make sure employees aren’t left struggling alone when personal or health issues impact their work. Employers are required to step in, ask questions, and offer support before jumping to discipline or termination. If you think your employer has failed to meet this duty, don’t hesitate to reach out to us for legal advice.

Our lawyers in Ontario, Alberta, and B.C. have successfully represented more than 50,000 thousand non-unionized individuals in their employment law matters.

In addition to severance packages and human rights issues, we can assist you on a broad range of employment matters, including:

Are you a non-unionized employee who needs help with a workplace issue? Contact us or call 1-855-821-5900 to get the advice you need and the compensation you deserve.