header-sec-3.jpg

tool 3.4 legal obligation img2x

Applicants and employees don’t have an obligation to disclose a disability. However, in some cases this would become a legal obligation:

  • If the applicant needs an accommodation during the interview process or at any other time during the job application process.
  • If the employee needs an accommodation in the workplace or at any other time in relation to his or her employment.

An individual with a disability is required to provide sufficient information about their disability in support of their accommodation request so that the employer can properly and promptly fulfill their “duty to accommodate” up to the point of “undue hardship.”
Applicants and employees are legally obligated to disclose a disability to an employer if:

  • The disability is likely to affect their work performance or their ability to carry out any specific job duty.
  • The disability could potentially create a health or safety risk to themselves or to any co-worker.



Disclaimer:

HIRE for TALENT has made every effort to use the most respectful words possible while writing these materials. We realize, however, that the most appropriate terminology may change over time. We developed these materials with the intent to respect the dignity and inherent rights of all individuals.

This document is provided for information purposes only. The content provided is not legal advice and should not be used or relied upon as such. Applicable law may differ from jurisdiction to jurisdiction; if you are seeking legal advice, you are advised to consult a lawyer in your province or territory.



Take the Challenge!


True or false


Employees must disclose a disability if it could create a health or safety risk to themselves or to any co-worker.

True. In the presence of a health or safety risk, employees are legally required to inform the employer about the disability.



btn download2x

FREE EMPLOYER TOOLKIT

The toolkit offers a variety of informative tools. Learn about the skills people with disabilities bring to the workplace and use our ‘how-to’ resources, that provide practical tips and strategies on successful recruitment, hiring, inclusion and retention of people with disabilities.

DISABILITY CONFIDENT PARTNERS CAN HELP YOU!

There is help to become an inclusive employer! HIRE for TALENT has a network of organizations offering services and programs designed to help your business recruit, hire, train and retain people with disabilities. After consulting the employer toolkit, call a HIRE for TALENT, Disability Confident PARTNER to find-out what services are available near you!

Contact a Disability Confident Partner

Poll

My business understands how to write a job posting to effectively recruit a person with a disability?

GET THE TOOL YOU NEED QUICKLY!

CUSTOMIZE YOUR TOOLKIT

By completing this short questionnaire, you can identify the best tools to hire and retain employees with disabilities, as well as increase your company’s performance.

Get Started

FACTS & STATS

Employers often find that workers who identify as having disabilities have unique abilities; they also tend to work harder to prove themselves.
According to employers, people with disabilities perform as well or better than other workers. These employers concluded that hiring people with disabilities did not negatively impact their businesses.
img home stats
In a national survey of consumer attitudes towards various companies, 92% of the respondents gave favourable ratings to businesses that hire people with disabilities.
98% were satisfied or very satisfied with the service they received when dealing with an employee with a disability.