Disability discrimination in the workplace is a serious issue that affects many employees across Ontario. Under Ontario’s Human Rights Code (OHRC) and the Accessibility for Ontarians with Disabilities Act (AODA), employers are legally obligated to provide equal opportunities and reasonable accommodations for employees with disabilities.

If you are experiencing workplace discrimination because of a disability, understanding your rights and employers' legal responsibilities can help you advocate for fair treatment.

1. What is Disability Discrimination?

Disability discrimination occurs when an employer treats an employee unfairly due to a disability, whether physical, mental, or developmental. Discrimination can take many forms, including:

• Refusal to Hire: Rejecting a qualified candidate due to their disability.

• Failure to Accommodate: Not making reasonable adjustments to help an employee perform their job.

• Unequal Treatment: Offering lower wages, denying promotions, or limiting job opportunities.

• Harassment: Making offensive remarks or jokes about an employee’s disability.

• Retaliation: Punishing an employee for requesting accommodations or filing a complaint.

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What Qualifies as a Disability?

According to the OHRC, a disability includes:

• Physical disabilities (mobility impairments, chronic illnesses)

• Mental health conditions (anxiety, depression, PTSD)

• Learning disabilities (dyslexia, ADHD)

• Sensory disabilities (blindness, hearing loss)

• Intellectual or developmental disabilities

• Addiction (in some cases, considered a disability under human rights law)

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2. Employer Obligations Under Ontario Law

Employers in Ontario must not discriminate against employees with disabilities and are required to take reasonable steps to accommodate their needs.

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A. Duty to Accommodate

Under the Ontario Human Rights Code, employers must provide accommodations to the point of undue hardship. This means they must make adjustments unless doing so would cause significant financial or operational difficulties.

Examples of reasonable accommodations include:

• Modifying job duties or work schedules

• Providing assistive technology (screen readers, ergonomic equipment)

• Allowing remote work or flexible hours

• Providing additional breaks or leave for medical needs

• Making physical workplace adjustments (ramps, elevators)

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B. Accessibility Requirements (AODA)

The Accessibility for Ontarians with Disabilities Act (AODA) sets standards for workplace accessibility. Employers must:

• Develop policies to remove workplace barriers

• Train employees on disability awareness

• Create individualized accommodation plans for employees with disabilities

• Provide accessible hiring processes and workplace communications

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3. How to Request Workplace Accommodations

If you need accommodations due to a disability, follow these steps:

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Step 1: Inform Your Employer

You are not required to disclose your specific medical condition, only that you need accommodation. Submit a written request outlining your needs and any supporting medical documentation.

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Step 2: Work with Your Employer to Develop an Accommodation Plan

Employers must work with employees in good faith to find reasonable solutions. This may involve adjustments to work tasks, schedules, or physical workspace modifications.

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Step 3: Monitor and Adjust as Needed

Accommodations should be reviewed periodically to ensure they remain effective. If your needs change, you can request modifications.

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4. What to Do If Your Employer Refuses to Accommodate You

If an employer refuses to provide reasonable accommodations or discriminates against you due to your disability, you can take the following actions:

• File an Internal Complaint: Report the issue to HR or your employer’s accessibility officer.

• Seek Legal Advice: Consult with an employment lawyer for guidance.

• File a Human Rights Complaint: You can submit a complaint to the Human Rights Tribunal of Ontario (HRTO) if your employer is violating your rights.

Filing a Human Rights Complaint

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To file a claim with the HRTO:

1. Gather evidence of discrimination, including emails, performance reviews, and witness statements.

2. File an application with the HRTO within one year of the last discriminatory incident.

3. Participate in mediation or a hearing to resolve the issue.

If the tribunal finds discrimination occurred, remedies may include financial compensation, policy changes, or reinstatement.

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5. Protecting Your Mental and Physical Well-being

Facing workplace discrimination can impact your health. Take steps to protect yourself:

• Seek support from a lawyer, union representative, or advocacy group.

• Consider mental health resources such as therapy or support groups.

• Know that you have legal rights and do not have to tolerate discrimination.

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Conclusion

Employees in Ontario have the right to a workplace free from disability discrimination. Employers are legally required to provide reasonable accommodations and ensure that workplace policies support accessibility and inclusion. If your employer fails to meet these obligations, you have legal options to protect your rights and seek fair treatment.

If you are experiencing disability discrimination or your employer has refused to accommodate your needs, you do not have to face this alone. Contact our experienced Brampton employment lawyers for a free legal consultation. Randy Ai Law Office can be reached at (365)-536-2474 or through our contact form.

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