Managing Disabled Employees

Employers must tread carefully when dealing with disabled employees. The Ontario Human Rights Code expressly protects disabled employees’ right to equal treatment, without discrimination because of disability.

“Disability” is a loaded word. It covers far more than physical illness. According to the Ontario Human Rights Commission, a disability “covers a broad range and degree of conditions, some visible and others not. A disability may have been present from birth, caused by an accident or developed over time. It includes physical, mental and learning disabilities, mental disorders, hearing or vision disabilities, epilepsy, drug and alcohol dependencies, environmental sensitivities, as well as other conditions.”

The result of this extremely broad definition is that many actions or conduct that employers would not consider to be disabilities are in fact disabilities according to the law.

As noted earlier, drug or alcohol addiction is a disability. This means that you are not necessarily free to fire an employee who is routinely drunk on his or her return from lunch as that individual may be an alcoholic, rather than irresponsible. Practically, an employer may be unable to make this determination. But once the employee presents a medical note stating he or she is an alcoholic, the employee cannot simply be fired. Similarly, an employer cannot have a policy of firing any employee found drunk on the job.

David A. Taub, Partner in the Litigation and Dispute Resolution Group at Robins Appleby LLP, is an Ontario lawyer with more than 30 years’ experience in commercial and estate litigation. He represents lenders, developers, and businesses in complex disputes, appearing before all levels of Ontario courts.

At Robins Appleby, we have been providing legal advice for over 70 years to entrepreneurs, businesses, financial institutions, and foreign companies operating in Canada. Located in Toronto's financial district, our firm is trusted by clients to help solve critical, time-sensitive issues. We offer a wide range of legal services including business and transactions, affordable and social housing, litigation and dispute resolution, commercial real estate development, tax law, employment law, and estate planning.