Should You Disclose Your Disability?
Should you Disclose your Disability?
We receive calls from employees with disabilities who are looking for accommodation at the workplace. Generally, an employer has a duty to accommodate its employees. The following case illustrates how far this duty goes.
Bellehumeur v Windsor Factory Supply Ltd.
The Facts
The Windsor Factory Supply (WFS) had been accommodating Mr. Bellehumeur for various disabilities he reported over time, including alcoholism, thyroid and cardiac issues. However, Mr. Bellehumeur did not disclose he had a mental disability.
On November 8, 2005, Mr. Bellehumeur was terminated for cause as a result of making violent threats to his fellow employees. Mr. Bellehumeur brought an action seeking damages for wrongful dismissal, arguing that he should not have been terminated for cause due to his mental disability and that the termination itself was an act of discrimination.
The Decision
The trial judge concluded the threats made were workplace violence, and that these threats amounted to just cause for dismissal.
On the issue of discrimination, the trial judge found that because the WFS was unaware of Mr. Bellehumeur’s mental disability at the time of his termination, it did not discriminate against Mr. Bellehumeur when firing him. Rather, the WFS fired Mr. Bellehumeur as it would have fired any employee who engaged in such misconduct.
For more on this decision, click here.
Lessons to be Learned
Although the Human Rights Code does offer protections to employees with disabilities, and places certain obligations on employers, employers do not have these obligations unless they are aware of these disabilities. While employees are not required to disclose their diagnosis, employers do need enough information about the nature of the disability to fulfill their duty to accommodate (click here for our blogs on the duty to accommodate). When looking for accommodation at your workplace, it is important to consult a human rights lawyer to advise on how to disclose your disability in a way that gets you the accommodation you need, but still protects your privacy.
Recent Posts
Different Company, Same Old Job: What happens when the company you work for is sold?
Are clauses that purport to waive an employee’s years of service for the purposes of severance/notice pay enforceable? It’s all important when your company is sold. Here is what to look for.
read moreFailure to Address Workplace Harassment Results in Aggravated Damages
As we have written before, an employer may generally terminate an employee for any good business reason, as long as it provides the employee with adequate notice of termination (or pay in lieu of notice). Failure to provide adequate notice results in a wrongful...
read moreWhat 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 more