Accommodation of Disability

According to Canadian human rights legislation, all citizens have the right to be free from discrimination because of disability or perceived disability in the social areas of services, goods, facilities, housing, contracts, membership in trade and vocational associations as well as employment. This includes the right to an accessible workplace.

The right to be accommodated and the duties of the employer to do so are well entrenched in statute and case law. Since many human rights claims are focused on disability and the highest percentage fall in the area of employment, it is incumbent on employers to understand their obligations and their rights pursuant to Human Rights legislation. Employers should not be forced into providing expensive forms of accommodation when a reasonable one can be had at a lower cost. Similarly, employers should understand that they are entitled to appropriate medical documentation to support any request for accommodation, including absence from work, and should not fear insisting on it.

Let Rudner MacDonald assist you in understanding your rights and obligations by reviewing your current operating rules, policies and procedures and guiding you through this difficult area of employment law using our wealth of experience as the cornerstone.