{"id":3272,"date":"2018-01-25T11:23:05","date_gmt":"2018-01-25T11:23:05","guid":{"rendered":"https:\/\/ccla.org\/?p=3272"},"modified":"2021-09-09T17:57:15","modified_gmt":"2021-09-09T17:57:15","slug":"laccessibilite-des-lieux-de-travail-au-canada","status":"publish","type":"post","link":"https:\/\/ccla.org\/fr\/get-informed\/talk-rights\/workplace-accessibility-in-canada\/","title":{"rendered":"Workplace Accessibility In Canada"},"content":{"rendered":"\n\t\t
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Because the Learn section of TalkRights features content produced by CCLA volunteers and interviews with experts in their own words, opinions expressed here do not necessarily represent the CCLA\u2019s own policies or positions. For official publications, key reports, position papers, legal documentation, and up-to-date news about the CCLA\u2019s work check out the\u00a0In Focus<\/a>\u00a0section of our website.<\/em><\/p>\n

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The federal and provincial governments strive to protect the rights of those with disabilities in Canada. Yet, to this day, there is no comprehensive Canada-wide legislation regarding disabilities. There are, however, federal statutes, provincial acts and codes and Supreme Court decisions designed to protect disability rights.<\/p>\n

Included here is a brief overview of the legislation and case law regarding disability rights in the Canadian workplace.<\/p>\n

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General Protections<\/strong><\/span><\/h3>\n

Throughout Canada, intentional discrimination by employers is forbidden. Intentional discriminations are sometimes called \u201cdirect\u201d or \u201cdisparate treatment\u201d discriminations. Courts have found that intentional discrimination includes not only where an employer acts hatefully against a person with a specific difference, but also includes where an employer acts out of stereotyped beliefs about an employee\u2019s ability, even if the employer think their actions are best for the employee. Regardless of an employer\u2019s numerous goals, if their act is found to have been based off false stereotypes, the act is discriminatory.[1]<\/a><\/p>\n

Indirect discrimination is also prohibited in most provinces and under federal legislation. Indirect discrimination is a policy where exclusion is not expressly stated, but still has a negative effect on a specific group of people.[2]<\/a>\u00a0Some discriminatory workplace policies are legal when employers prove the policy\u2019s necessity, often through a\u00a0Bona fide<\/em>\u00a0occupational reason (BFOR).[3]<\/a><\/p>\n

This liability of discrimination is not just restricted to employers, it may also apply to unions and other employees who refuse to accommodate. Law may require employees to change their practices accommodate disabled employees up until the point of undue hardship. Employees are forbidden under the\u00a0Canadian Human Rights Act<\/em><\/a>\u00a0from harassing colleagues for their disability.[4]<\/a>\u00a0In addition, unions can be liable for lack of accommodation. For example, if a trade union refuses to make reasonable efforts to accommodate an employee\u2019s disability, both the union and the employer may be liable for discrimination.[5]<\/a><\/p>\n

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Employer\u2019s duty to accommodate<\/strong><\/span><\/h3>\n

Every employer has a legal duty to reasonably accommodate their employees up to the point of \u201cundue hardship.\u201d When asked to accommodate by an employee, an employer must show that they promptly investigated the proposal and give the employee all the relevant information that will likely inform their decision. They must make similar accommodations to similar accommodation requests unless circumstances have changed from the earlier decision. The employer must also consider alternative accommodations different from what the employee requested. They are further required to consult with the employee and others whose input would be valuable for the decision-making process.[6]<\/a><\/p>\n

The Supreme Court provided the general guidelines on an employer\u2019s duty to accommodate:<\/p>\n

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  1. The overriding aim of employers must be to make their work rules as inclusive as possible;<\/li>\n
  2. The employer must investigate the feasibility of alternative measures that do not have a discriminatory impact, such as individualized testing instead of group based exclusions<\/li>\n
  3. The employer must generally adopt an alternative measure that achieves its business goals without having a discriminatory impact on an employee;<\/li>\n
  4. The employer must investigate whether its business goals can be met by exempting protected workers or groups of workers from general work standards;<\/li>\n
  5. The employer must investigate whether the job can be efficiently performed in a less discriminatory manner than the one initially selected by the employer;<\/li>\n
  6. The employer must ensure that its work rules are designed to have the minimal discriminatory impact on employees consistent with meeting its business goals; and<\/li>\n
  7. The employer must ensure that third parties, such as fellow employees, a trade union or customers or clients, have also searched for means of accommodating an employee.[7]<\/a><\/li>\n<\/ol>\n

     <\/p>\n

    Duty of Employees:<\/strong><\/span><\/h3>\n

    Employees have a duty toward their employers. Employees must give employers all relevant information that would help their accommodation. For example, if an employer asks for medical information about an employee\u2019s condition to help with accommodation, the employee must provide the information.[8]<\/a>\u00a0In addition, the employee must make reasonable efforts to work within the employer\u2019s accommodation.[9]<\/a><\/p>\n

     <\/p>\n

    Federal Legislation<\/strong><\/span><\/h3>\n

     <\/p>\n

    The Canadian Charter of Rights and Freedoms<\/a>\u00a0guarantees equality before the law and equal benefit and protection under the law without discrimination.<\/p>\n

    Statutes and regulations that discriminate or negatively affect disabled people may not be valid under the\u00a0Charter<\/em>. Because of this, disabled employees who cannot often attend work can challenge statutory minimum service and seniority requirements for violating the\u00a0Charter.<\/em><\/p>\n

    The courts have found that the\u00a0Charter<\/em>\u00a0does not directly apply to employment contracts in the private sector. It also does not apply to contracts involving government agencies except when the government regularly and substantially controls the daily aspects of the agency.[10]<\/a><\/p>\n

    The\u00a0Canadian Human Rights Act\u00a0of 1977<\/a>\u00a0bans discrimination when Canadians are employed by or receive services from:<\/p>\n