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ARTICLE · 21 MARCH 2007

Employer Obligations To Disabled Employees

Blake, Cassels & Graydon LLP
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What are the practical and legal considerations in an employer’s obligation to accommodate people with disability to the point of undue hardship?

CanadaEmployment and HR

Article by Connie Reeve, © 2007, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Pension & Employee Benefits, February 2007

What are the practical and legal considerations in an employer’s obligation to accommodate people with disability to the point of undue hardship? Canadian human rights legislation prohibits employers from discriminating against individuals based on disability, which is broadly defined in the legislation to include physical and mental impairment.

Employers, however, frequently have questions about their obligation to accommodate people with disability, as the law has developed, "to the point of undue hardship." It is important for employers to understand some practical considerations in dealing with disabled employees, the legal restrictions on terminating a disabled employee, and considerations for disabled employees in the context of a corporate transaction.

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