Employment Rights and Responsibilities

Under the Canadian Human Rights Act, employers are required to ensure anyone employed by their organization is treated fairly, regardless of whether or not they have a disability.  This includes people living with chronic conditions such as arthritis that can cause ongoing or episodic disabilities at work. Depending on your region, additional legislation may exist through an accessibility law and/or a human rights act. These laws work together to promote equality and accessibility in the workplace and other areas of life. 

Episodic Disabilities 

A disability is an impairment or a functional limitation that can be permanent, temporary or episodic in nature, evident or not, that when met with a barrier hinders a persons’ full and equal participation in society. This definition comes from the Accessible Canada Act, another piece of legislation that affects everyone. Arthritis is a disability that is often “episodic in nature” in that pain, stiffness, fatigue and other symptoms can flare up and dissipate from time to time, meaning that functional limitations may come and go in “episodes.” This also means accommodations may be needed during these episodes, or on a more continuous basis.  Many people with arthritis may not require accommodations, but for those who do, having supports in place can help them thrive at work. 

Employers are obligated under the Canadian Human Rights Act and other relevant regional legislation to remove barriers to employment for people living with disabilities. This means taking actions so that a person living with a disability can fully participate at work, which can include adjusting rules, policies, practices or the physical environment. These actions are accommodations, which are alternative arrangements that eliminate or help to eliminate any barriers or negative treatment of employees living with disabilities. 

As the Canadian Human Rights Commission states, “The duty to accommodate means that sometimes it is necessary to treat someone differently in order to prevent or reduce discrimination.” Accommodation is required when a worker experiences “functional limitations” that prevent them from performing an “essential duty” of their role.   

It’s helpful for an organization to incorporate accommodations and accessibility in key business functions, such as recruitmen and hiring policies, workplace communications, accommodation planning processes, talent and performance management processes, return-to-work practices and physical environments.  

Studies have shown that the majority of accommodations are easy to implement and often cost nothing or less than $500, while they demonstrate a commitment to an inclusive, supportive workplace (Job Accommodation Network). An accommodation is deemed “reasonable” so long as it does not place an “undue hardship” on the employer.

The United Nations Convention on the Rights of Persons with Disabilities defines “reasonable accommodation” as adjustments or modifications made to ensure people living with disabilities are able to participate on an equal basis as others, without imposing undue hardship. 

An employer is not obligated to implement a particular requested accommodation if another accommodation will similarly meet the employee’s needs. Accommodations are required to the point of undue hardship. 

Undue hardship is the point where an accommodation would cost too much, create disruption of business, or create risks to health or safety. Each situation needs to be assessed individually, as there is no prevailing legal definition of undue hardship. Employers should take into account the size of their organization, along with safety considerations and how they operate. If contested, an employer may be required to prove undue hardship. In these instances, an employer will need to provide evidence of the challenges or risk of the hardship.