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.
Funded by the Government of Canada’s Opportunities Fund for Persons with Disabilities