Can an employer in Canada discriminate against a disabled employee?
Ontario, Canada
The following excerpt is from Expertech Network Installation Inc. v Unifor, 2018 CanLII 129033 (ON LA):
32. It is axiomatic that an employer in Canada may not discriminate and they have an obligation to accommodate disabled employees in the workplace, to the point of undue hardship. It is well established that the Union and the employee bear the initial onus of establishing a prima facie case of discrimination. In terms of an employee with a disability, the test to be applied is also well established, it must initially be proven that the employee suffers from a disability. Then the question is whether the employee has suffered some disadvantage or exclusion and the disability is a factor in this disadvantage or exclusion, see Stewart v. Elk Valley Coal [2017] SCC 30.
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