Disability Discrimination in the Workplace (Liberalism)

           Employers have a responsibility to respect their employees and they have an obligation to make sure that their actions are not harmful or discriminate no matter what disability their employee may have. In Ontario, the Human Rights Code contains provisions for protecting employees from discrimination and harassment in the workplace. (NAALC, 2011) The Code outlines the prohibited grounds for discrimination religion, citizenship, colour, race, sex, age, sexual orientation, marital status, among others.

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.