Tool #3: Legal Issues
Legal aspects of disability inclusion are quite straightforward with a few key points to keep in mind. This information can help make any hiring process easier, protect the interests of employers, and ensure that the rights of all individuals are respected.
3.1 Employers’ Legal ResponsibilitiesIt is important to review the laws applicable to an employer’s specific region. Although provincial laws vary, there are core fundamental concepts that can generally be found.
3.2 Duty to AccommodateThe duty to accommodate applies in relation to any aspect of employment, including pre-employment testing, work environment, training and/or promotions.
3.3 Undue HardshipThe Supreme Court of Canada has stipulated that a person’s disabilities must be accommodated unless the employer or service provider can prove that doing so would be an “undue hardship.”
3.4 Employee’s Duty to Cooperate in the Accommodation ProcessApplicants and employees don’t have an obligation to disclose a disability. However, in some cases this would become a legal obligation.