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
💡 In Canada, the definition of disability is broad and inclusive. Even temporary or episodic conditions may qualify for protection.

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.

👉 Learn more about your protections on our duty to accommodate guide.

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
⚠️ Accommodation is not optional. If your employer refuses to support you without a valid reason, it could be a human rights violation.

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
👉 If your job has been impacted, you can learn more about your options on our wrongful dismissal page or constructive dismissal guide.

Denied accommodation or treated unfairly at work?

You may have a legal claim. Speak to an employment lawyer today.

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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.

👉 If you’ve been let go, it’s important to understand your severance rights. Visit our severance pay guide to learn more.

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.

👉 If your disability claim has been denied or delayed, see our long-term disability denied page for next steps.

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.

➡️ Contact us today for a consultation and get the answers you need.

Advice You Need. Compensation You Deserve.

Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

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