Disability Discrimination in the Workplace
Your employer has a legal duty to accommodate your disability, and cannot treat you adversely for having one.
Content last verified against official statutes: March 30, 2026
What the Law Says
CHRA s.7 and s.14 prohibit discrimination and harassment based on disability. Under Canadian human rights law, employers have a duty to accommodate employees with disabilities up to the point of “undue hardship.” This applies to physical disabilities, mental health conditions, chronic illnesses, and temporary medical conditions. The employer must engage in a meaningful accommodation process, not simply deny your request or ignore it.
What This Means for You
If you have a disability or medical condition that affects your work, your employer must work with you to find reasonable accommodations. This could include modified duties, flexible scheduling, ergonomic equipment, work-from-home arrangements, or adjusted performance expectations during recovery. Your employer cannot fire you, demote you, reduce your hours, or subject you to negative treatment because of your disability. They cannot ask for more medical information than necessary to facilitate accommodation. They cannot discuss your medical condition publicly with colleagues.
Real Example
An employee at a federally regulated company was dealing with a respiratory illness. During a workplace confrontation, a colleague made public remarks about the employee's medical condition in front of other staff in a joking tone. The employee immediately documented the incident, noting the exact time and who was present. In the formal complaint, the employee cited the public disclosure of medical information as a separate violation alongside the primary harassment. The company's own Code of Conduct prohibited humiliating conduct and applied to all employees and contractors. HR addressed the conduct and the respondent's behaviour changed measurably.
Real Court Decision
In Cosentino v. Octapharma Canada (2024 HRTO 860), the tribunal awarded $100,000+. Read the full case →
What You Can Do
- 1Submit accommodation requests in writing, specifying what you need and why (you may need a medical note, but you do not need to disclose your full diagnosis).
- 2Document every response (or non-response) from your employer to your accommodation request.
- 3If your medical information is disclosed to colleagues without your consent, document who disclosed it, to whom, when, and in what context.
- 4File a formal complaint citing CHRA s.7 (differential treatment based on disability) and your employer's accommodation policy.
- 5If your employer fails to accommodate or retaliates, file with the CHRC within 1 year.
Warning Signs
- Accommodation requests ignored, delayed, or denied without explanation
- Being asked to provide more medical information than is necessary for accommodation
- Your medical condition discussed publicly or disclosed to colleagues without your consent
- Negative comments or "jokes" about your disability or medical condition
- Performance expectations unchanged despite approved accommodation
- Being excluded from opportunities because of assumptions about your abilities
- Pressure to return to full duties before you or your medical provider says you are ready
What to Document
- Your accommodation request (date sent, what was requested, to whom)
- Every response or non-response from the employer, with dates
- Any medical notes or documentation you provided (keep copies)
- Instances where your medical information was disclosed to unauthorized parties
- Changes to your work conditions, assignments, or treatment following your accommodation request or medical disclosure
- Evidence that others without disabilities are treated differently in comparable situations
Where to File
Internal
- Written accommodation request to HR or your manager
- Written complaint citing CHRA s.7 and employer's accommodation policy if request is denied
External
Canadian Human Rights Commission (CHRC)
For federally regulated workplaces.
Provincial human rights tribunal
If provincially regulated.
Key Statutes
When Should You Contact a Lawyer?
This platform is designed to help you build your case independently — collecting evidence, documenting incidents, writing complaints in compliance language, and navigating the internal HR process. Many employees can handle these steps without a lawyer.
The most effective time to engage a lawyer is after you have completed the internal process and your employer has failed to resolve your complaint. At that point, a lawyer can review your complete file — your timeline, evidence, complaint, and the employer's response — and provide strategic advice before you file with an external body such as the CIRB, CHRC, or OPC.
By doing the groundwork yourself, your consultation becomes a focused strategic review rather than a costly fact-gathering session. This approach has been validated by employment lawyers who reviewed files prepared using this methodology and found the documentation thorough with nothing to add.
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Cite This Page
MyWorkRights.ca, "Disability Discrimination in the Workplace," accessed 2026-04-01, https://myworkrights.ca/harassment/disability
Written by the MyWorkRights.ca team, based on direct experience navigating the CIRB, OPC, and CHRC complaint processes and 500+ hours of employment law research.