Employers have additional obligations towards disabled employees.
In addition to rights under Ontario’s Human Rights Code, the Accessibility for Ontarians with Disabilities Act & the Workplace Safety & Insurance Act, Ontario’s courts and administrative tribunals have awarded disabled employees special damages for shoddy treatment.
If you have been disabled at work then you have numerous rights under Ontario’s worker compensation laws including the right to be reinstated.
If you have a disability that prevents you from performing all of your job duties then you generally have the right to be accommodated.
If you are showing obvious symptoms of a disability then your employer has a duty to inquire about your accommodation needs.
If your employer has more than 50 employees then it must prepare a written individual accommodation plan for you.
Your employer cannot take your disability into account when making employment related decisions including the decision to terminate your employment.
If you have disclosed a disability to your employer and the employer treats you badly because you are disabled then you may be owed special damages.
If you have been treated differently because you are disabled, or your employer has refused to accommodate your disability, or your employer has refused to bring you back to work following an injury or a disability then you can speak to an employment lawyer about your rights.
If you would like to speak to an employment lawyer at the MacLeod Law Firm, you can reach us at [email protected] or 647-204-8107.
The courts recently confirmed that layoffs remain a constructive dismissal even in the context of the Covid-19 pandemic.
Despite the many areas that limit unionized employees’ rights, these employees are able to bring human rights claims.
Terminated employees who worked for federal employers may be entitled to more termination pay.