Workers with a disability are also
protected by human rights legislation in accordance with the Canadian Human
Rights Act and the Employment Equity Act.(NAALC, 2011) The Canadian Human
Rights Commission ensures that both equal opportunity and non-discrimination
occur in all areas under federal jurisdiction. The Canadian Human Rights Commission is
responsible for ensuring that all federally regulated employers provide equal
opportunities for employment to individuals with disabilities.
Statistics show that
working-age people with a disability are much less likely to hold paid jobs
than are other Canadians (Statistics Canada, 2008). This may reflect an
inability to work at all, or, in many other cases, discrimination and/or a lack
of appropriate supports and accommodations. In 2006, just over one-half (51%)
of persons with disabilities were employed, compared to three in four persons
without disabilities. (Statistics Canada, 2008)
Employers
cannot exclude workers from normal participation in the workplace when it is possible
to make arrangements, such as changes to the workplace or working conditions,
to include them. (Minken, 2012) When a worker’s special needs are covered by human
rights laws, an employer must modify working conditions to meet those special
needs where it is possible to do so without serious hardship to the operation
of the business. Some things employers can do to help their disabled employees
are as simple as adding wheelchair access to an office and providing flexible
work hours to allow for treatments.(Minken, 2012)
Employers
must try to accommodate a disability or special need, and cannot discriminate
against them. Employers must respect the dignity of their employees and
must make sure that their actions and workplaces are not harmful. Unfortunately,
many employers do not abide by this rule, they either don’t care or do not want
the liability, and either way there needs to be another way to enforce the
rule.
- Marquise
Guide to Employment Discrimination Laws in Canada (2011). In
NAALC. Retrieved November 20, 2012, from
http://www.naalc.org/migrant/english/pdf/mgcanemd_en.pdf
Statistics Canada. 2008. Cat. 89-628-X, No. 007. Participation
and Activity Limitations Survey 2006: Labour
Force Experiences of Persons with Disabilities.
Discrimination in the Workplace: When it’s Prohibited and
When it’s Permitted (2012). In Minken Employment Lawyers. Retrieved November
20, 2012, from
http://www.minkenemploymentlawyers.com/employment-law-issues/workplace-discrimination-when-it%E2%80%99s-prohibited-and-when-it%E2%80%99s-permitted.