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Discrimination in employment may happen when a person experiences negative treatment or impact because of their disability. Discrimination does not have to be intentional. And, a person’s disability needs to be only one factor in the treatment they received for discrimination to have taken place.
- Overview
- Disability Rights in Canada
- International disability rights
Canada seeks to reduce barriers and increase opportunities for people with disabilities, to ensure their full participation in our society. Our nation has a strong legislative framework that guarantees the equal rights of people with disabilities. In addition, a range of federal programs support the lives of Canadians with disabilities.
On this page:
The Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a part of the Canadian Constitution, which is a set of laws containing the basic rules about how our country operates. Section 15 of the Charter makes it clear that every individual in Canada – regardless of race, religion, national or ethnic origin, colour, sex, age or physical or mental disability – is to be considered equal. This means that governments must not discriminate on any of these grounds in its laws or programs. At the same time as it protects equality, the Charter also allows for certain laws or programs aimed at improving the situation of disadvantaged individuals or groups. For example, programs to improve employment opportunities for people with mental or physical disabilities may be protected under subsection 15(2). For more information on the Charter, see Your Guide to the Canadian Charter of Rights and Freedoms. The guide is an educational publication that explains the purpose and meaning of each of the Charter's sections.
The Canadian Human Rights Act
The Canadian Human Rights Act of 1977 protects Canadians from discrimination when they are employed by or receive services from: the federal government; First Nations governments; and private companies that are regulated by the federal government like banks, trucking companies, broadcasters and telecommunications companies. People can turn to the Canadian Human Rights Act to protect themselves against harassment or discrimination that is based on one or more of the 11 grounds of discrimination. The Act prohibits discrimination based upon physical or mental disability.
Additional resources
Information on rights in specific areas is also available: Transportation rights Accessible Transportation Unit Employment rights Employment Equity Act Policy on the Duty to Accommodate Persons with Disabilities in the Federal Public Service Voting rights Canada Elections Act Rights in criminal proceedings Criminal Code Canada Evidence Act (see section 6)
At the international level, Canada supports the protection and promotion of rights for people with disabilities through our relationship with the UN.
As a founding member of the UN, Canada has ratified seven principal human rights conventions and covenants, including the Convention on the Rights of Persons with Disabilities.
- 8.1 Principles of accommodation. The duty to accommodate is informed by three principles: respect for dignity, individualization, as well as integration and full participation.
- 8.2 Inclusive design. Ensuring integration and full participation means designing society and structures for inclusiveness. Inclusive or “universal” design emphasizes barrier-free environments and equal participation of persons with disabilities with varying levels of ability.
- 8.3 Appropriate accommodation. In addition to designing inclusively and removing barriers, organizations must respond to individual requests for accommodation.
- 8.4 The legal test. Section 11 of the Code prohibits discrimination that results from requirements, qualifications or factors that may appear neutral but that have an adverse effect on people identified by Code grounds.
The duty to accommodate means that sometimes it is necessary to treat someone differently in order to prevent or reduce discrimination. For examples, asking all job applicants to pass a written test may not be fair to a person with a visual disability.
Ontario's human rights laws say that everyone has the right to be treated equally and not be discriminated against at work. This means that your employer must do what they can to make things fair for you. This could mean doing things differently for you so that you are treated equally.
Under the Canadian Human Rights Act (CHRA), federally regulated employers have a legal obligation to adjust the working conditions for an individual or group to ensure that those individuals who are otherwise fit to work are not unfairly excluded. It is called the duty to accommodate.
People also ask
Can employers treat people with a disability differently?
Do employers have a duty to accommodate people with disability?
Can an employer ask a person if he has a disability?
How do human rights laws protect a person with disability?
Can an employer refuse a job if you have a disability?
What rights do people with disabilities have?
Every person in Canada has the right to be treated equally at work. This means that employers cannot treat people with a disability differently. This protection applies to the job interview, the time they leave job, and every step in between. Employers must make sure the work and workplace are accessible for people with a disability.
