Learn More About Disability Law in Ontario

“Disability” is defined at section 10(1) of the Ontario Human Right Code (the Code) and includes physical and mental conditions as well as workplace injuries. The test for discrimination on the ground of disability requires an applicant to demonstrate (1) they are a person with a disability as defined by the Code, (2) they were subjected to differential or adverse treatment in employment; and (3) their disability was at least one factor in their treatment.

 

Section 17 of the Code is an interpretive provision which effectively creates a duty to accommodate on an employer to the point of undue hardship for a disabled employee who can still perform the essential duties of their job. Section 17 (2) specifies the factors relevant to undue hardship, being cost, outside sources of funding, if any, and health and safety requirements, if any. Business inconvenience is NOT a factor in the analysis.

 

Apart from physical and mental disabilities, addiction and severe substance abuse, such as alcoholism and drug abuses, is classified as a form of substance dependence, which has been recognized as a form of disability.

 

You need a good understanding of what is Disability Discrimination, what is the Legal Test for disability discrimination and the Consequence of a Finding of Discrimination, what are the Duty to Accommodate and Undue Hardship, what are the Legal defences Against A Claim of Disability Discrimination such as BFOR, Frustration of Contract, WSIA Statutory Bar Under S. 31, what are Statutory Protections for Disabled Employees under ESA and WSIA, Disability Related STD and LTD Claims, WSIB Claims, HRTO Substance Related Disorder Discrimination Claims to ensure your employment law rights are protected.

 

Frustration of contract only applies to situations involving a permanent disability. If an employee can show medical evidence of a reasonable prospect of returning to work, a successful claim of frustration of contract is unlikely. A prolonged absence due to illness, without more, does not substantiate a claim that the employment agreement has been frustrated.

 

Temporary disabilities must be accommodated to the point of undue hardship. Failing of which, a claim of Disability Discrimination is likely.

 

Click here to Learn More about Disability Law in Ontario.

 

Relevant Articles of Interest:

 

• Disability Discrimination Ultimate Guide
• A Legal Analysis on the Medical Documentation in Disability Cases and the Duty to Accommodate
• Duty to Investigate and the Sufficiency and Disclosurability of Investigation Reports
• Workplace Harassment Ultimate Guide
• Constructive Dismissal Ultimate Guide
• Wrongful Dismissal Ultimate Guide
• Severance Pay Ultimate Guide
• Blog Posts on Disability Law Issues

 

Our team of dedicated employment  and disability lawyer and support team is committed to providing exceptional legal services tailored to meet your needs. With expertise in various areas of law, we ensure you receive the support and representation you deserve. Click here to meet our team.

 

When you require assistance with a disability case, HTW Law – Employment Lawyer is ONLY a phone call away. There's no need to search around for a disability lawyer who is ready, willing and able to assist you. When you call, we will be there to help you. Call us now at 647-849-6582 or Contact Us Now if you have any questions or concerns in related to employment contract, termination, disability law, sexual harassment, sexual assault, discrimination or severance package or you want to book an appointment for a legal consultation. 

 

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