Disability discrimination remains a serious issue in workplaces across Ontario. Under the Ontario Human Rights Code (OHRC) and the Accessibility for Ontarians with Disabilities Act (AODA), employees and job seekers cannot be treated unfairly because of a physical, mental, or developmental disability.

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What Qualifies as a Disability Under Ontario Law?

Ontario’s Human Rights Code defines “disability” broadly to protect individuals from discrimination in employment, housing, and services. It includes:

• Physical Disabilities – Mobility impairments, chronic illnesses, vision or hearing impairments, and other physical conditions.

• Mental Health Disabilities – Depression, anxiety, PTSD, schizophrenia, and other psychiatric conditions.

• Learning Disabilities – Dyslexia, ADHD, and other cognitive conditions that affect learning.

• Developmental Disabilities – Autism spectrum disorder, intellectual disabilities, and other neurodivergent conditions.

• Temporary Disabilities – Recovery from surgery, short-term impairments from accidents, or medical treatments.

• Addiction and Substance Dependence – Alcohol or drug dependency can also be recognized as a disability in certain cases.

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Your Rights Under the Ontario Human Rights Code

The Human Rights Code makes it illegal for employers to, refuse to hire you because of a disability; fire you due to a medical condition; deny reasonable accommodations (such as modified work hours or assistive devices), harass or create a hostile work environment based on your disability, and ignore a request for accommodation or refuse to discuss possible solutions.

Employers must provide reasonable accommodations unless doing so would cause undue hardship (significant financial or operational difficulty).

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What Is Workplace Accommodation?

Accommodation means making reasonable adjustments to allow employees with disabilities to work effectively. This could include:

• Flexible work hours – Adjusted schedules for medical appointments or energy management.

• Remote work options – Allowing work-from-home arrangements if needed.

• Ergonomic workstations – Specialized chairs, desks, or keyboards.

• Assistive technology – Screen readers, speech-to-text software, or hearing aids.

• Job duty modifications – Adjusting workloads or reallocating certain tasks.

• Extended leave for medical reasons – Allowing time for treatment or recovery.

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What to Do If You Face Disability Discrimination

1. Document the Discrimination: Keep detailed records of any incidents

2. Request Workplace Accommodations

3. File a Complaint with the Human Rights Tribunal

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Can an Employer Fire You for a Disability?

No. Firing an employee due to a disability is illegal under Ontario law. If you are terminated because of your disability, this could be considered: 

• Wrongful Dismissal – If your employer fails to provide proper notice or severance pay.

• Human Rights Violation – If the termination was based on discrimination rather than performance.

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Free Consultation with Ottawa Employment Lawyers 

Employees with disabilities have strong legal protections in Ontario. Employers must accommodate disabilities and cannot discriminate against employees based on medical conditions, mental health, or physical impairments. If you’ve faced workplace discrimination, document the incidents, request accommodations, and consider filing a human rights complaint. You have the right to a fair and inclusive work environment. If you’re unsure about your rights, seek legal advice to explore your options. No one should have to choose between their health and their job. Please do not hesitate to reach out to our team of experienced Ottawa employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (343) 321-0800 or fill out our contact form.

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