Medical Accommodation in the Workplace – What Employers Should Know

Canada’s society is made up of people from several backgrounds, races, ages, and disabilities. Unfortunately, these differences sometimes lead to discrimination, even in the workplace. People with disabilities who require medical accommodation at work have a long history of facing workplace discrimination in Canada. Despite the Canadian Human Rights Act explicitly forbidding discriminatory practices, some employers continue to violate the Act.  

What is medical discrimination?  

Medical discrimination happens when an employer refuses to hire a candidate or make accommodations for an employee with a medical condition. The medical condition could be mental or physical. Medical discrimination is often linked to negative stereotypes people have about certain medical conditions.  

What are the types of medical discrimination? 

Medical discrimination can take several forms, including direct, indirect, harassment, and adverse effect discrimination. These are further broken down into: 

1. Poisoned environment (Harassment) – This occurs when employers (or other employees) create a hostile environment for an employee because of their medical condition. Harassment includes being unwelcoming to the employee, uttering derogatory remarks about their condition, or even isolating the employee.  

2. Refusal to accommodate (Direct) – Employers are legally required to provide accommodations for employees with medical conditions, to the point of undue hardship. This might include flexible work hours, modifications to the work environment, or providing assisted or disability-friendly devices and spaces. Refusal to make such changes or accommodations can be considered discriminatory.  

3. Systemic discrimination (Indirect) – This relates to systems, policies, or practices within the organizational structure or sector, that create a disadvantage for people with medical conditions. Many times, these policies may appear neutral and harmless, but when investigated, are found to be discriminatory in nature. 

Some examples of accessibility features in the workplace include:  

• Ramps for wheelchairs and walkers 
• Touchless access control  
• Accessible elevators  
• Large fonts for signs 

4. Reprisal (Adverse effect) – If an employee faces discrimination due to their medical condition, they can exercise their rights under the Act. If this leads to punishment or threats by the employer, the employee can then take legal action against the employer. Employers can face fines of up to 200,000 dollars if found in breach of the Act. 

Termination must be the employer’s last resort if an employee’s medical condition is preventing them from fulfilling their job obligations. Since employers have a legal duty to accommodate, they must prove undue hardship by showing that accommodation is too costly or puts other employees’ health at risk.  

Do employers in Canada provide accommodation? 

Employers have a legal duty to accommodate employees with medical conditions. To avoid fines and penalties associated with being found guilty of medical discrimination, employers should take proactive steps to create an inclusive, supportive work environment. This includes:  

1. Developing clear policies against discrimination - Outline company policies that detail the organization’s commitment to inclusivity and accommodation in relation to medical conditions. These policies must be clearly communicated among staff members.  

2. Training and education – Provide training for staff, especially HR and management, on the importance of accommodating staff members’ medical conditions and protecting against discrimination. Employees must also understand their rights and responsibilities under the law.  

3. Engage employees in the accommodation process – If an employee requests accommodation, the process should involve them in each step of the way. This will result in both parties agreeing on the best course of action for the most successful result. Employers should also be open to suggestions and adjustments that may be necessary based on the employee's feedback.  

As an employer, it is your responsibility to ensure your workers feel safe disclosing medical information that requires accommodations. Medical discrimination could lead to serious legal, financial, and reputational consequences for employers.  Having a clear understanding of employment law in your province is crucial for avoiding discrimination lawsuits and wrongful termination claims.  

Do you need help creating a medical accommodation policy for your business? 

Our team of expert consultants can help you draft, update, and review discrimination policies, as well as assist you with any HR, health & safety, and employee issues that may arise. Call us at 1 (833) 247-3652 today to learn more about how our services can benefit your business.