If you’re dealing with a disability at work, it’s important to understand your legal rights.
In Canada, employees are protected under human rights laws. That means your employer can’t discriminate against you because of a disability and must take steps to support you in the workplace.
Whether you’re facing challenges at work, need accommodation, or are worried about losing your job, knowing your rights can make all the difference.
What Is Considered a Disability in the Workplace?
A disability in the workplace includes any physical or mental condition that affects your ability to perform your job.
This can include:
- Physical conditions (e.g. chronic pain, mobility issues)
- Mental health conditions (e.g. anxiety, depression, PTSD)
- Chronic illnesses (e.g. cancer, diabetes, autoimmune conditions)
- Invisible disabilities that may not be obvious to other
Disability Discrimination in the Workplace (Canada)
Disability discrimination happens when an employee is treated unfairly because of a physical or mental condition.
Common examples include:
- Being denied modified duties or workplace support
- Losing your job after taking medical leave
- Being pressured to return to work before you’re ready
- Harassment, exclusion, or negative treatment due to your condition
If this happens, it may be a violation of your rights under human rights legislation.
Your Employer’s Duty to Accommodate
Employers in Canada have a legal obligation to accommodate employees with disabilities — up to the point of undue hardship.
This means making reasonable changes so you can continue working.
Examples of accommodation may include:
- Modified job duties
- Flexible hours or reduced workload
- Remote work arrangements
- Time off for treatment or recovery
What If Your Employer Refuses to Accommodate You?
If your employer ignores your request or denies accommodation without justification, you may have legal options.
Depending on the situation, this could lead to:
- A human rights claim
- A wrongful dismissal claim
- A constructive dismissal claim
Can You Be Fired for Having a Disability?
In most cases, you can’t be fired simply because you have a disability.
However, there are situations where employment may end — for example:
- If accommodation is no longer possible due to undue hardship
- If you’re unable to return to work after a long absence
Even in these cases, your employer still has obligations.
Disability Benefits vs Workplace Rights
It’s important to understand the difference between:
1. Workplace Rights
Your employer must accommodate your disability and treat you fairly.
2. Disability Benefits
If you can’t work, you may qualify for short-term or long-term disability (LTD) benefits through insurance.
These are separate systems — and both can apply at the same time.
Key Takeaways
- A disability in the workplace includes physical, mental, and invisible conditions
- Employers must accommodate employees up to the point of undue hardship
- Disability discrimination is illegal in Canada
- You may have legal options if your employer refuses to accommodate you or ends your employment
Speak to an Employment Lawyer About Your Situation
If you’re dealing with a disability at work — whether it’s accommodation issues, discrimination, or job loss — you don’t have to figure it out on your own.
The employment lawyers at Samfiru Tumarkin LLP have helped thousands of Canadians understand their rights and take action.