Your Rights as a Disabled Employee
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 material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.
Recent Posts
What is Employment Insurance Anyway? A Primer on EI
If you have lost your job and need temporary income support, do you know what to do? In Canada, you can apply for Employment Insurance (“EI”) for partial income replacement from the Federal government. To learn about the different types of EI and whether you would be...
read moreTermination Pay for Employees who Cannot Work Because of a Total Disability
If you are totally unable to work because of a medical disability are you entitled to receive termination pay? That is the question considered in this blog. Employees Who Do Not Have LTD Coverage Sometimes, an employer does not provide disability insurance and in this...
read moreShort service, long notice
Employees with only a few years (or even months) of service tend to believe that they aren’t entitled to much notice or pay in lieu of notice upon termination. As we have written before, we have seen a trend of longer notice periods being awarded to employees in...
read more