The Ontario Human Rights Code (“the Code”) is more than just legislation; it is a “quasi constitutional” statute which mandates basic levels of workplace protections to ensure the "dignity" and “respect” of all employees are protected and safeguarded.
Few employees can work their entire careers without some degree of physical or mental (stress or otherwise) disability. Anything more than the common cold or flu usually is sufficient to constitute a “disability”. An employer is prohibited by law from discriminating, directly or indirectly, against an employee because of an employee’s disability. You can also sue in court in some instances to enforce these rights and seek and obtain compensation for any violations.
More importantly, an employer must accommodate a disabled employee to the point of “undue hardship”. It is not to the point of hardship; rather, to the point of undue hardship; a very high threshold indeed.
5500 North Service Road, Suite 209 Burlington, ON L7L 6W6 Phone: 905-331-7555 Fax: 905-331-0605