What are Quebec employers’ duties and responsibilities towards people with disabilities, and what sets Quebec apart from other provinces and Canada in this respect?
The principle of equity¹ in our society is a fundamental part of our justice system. In fact, for this very reason, justice is often represented by a “scale” to symbolize the need to find a balance between the rights of individuals. In workplaces, this notion is found in the non-discrimination principle. Often, the people involved (employees and employers) are unaware of their rights and obligations. This can cause many challenges, misunderstandings and injustice for people with disabilities.

That is why this tool aims to provide a brief overview of the rights that apply to persons with disabilities in Quebec and elsewhere in Canada.

First, it is important to note that Quebec law prohibits all forms of discrimination², including any discrimination based on a disability. Indeed, persons with disabilities are protected by the Charter of Human Rights and Freedoms³ (hereinafter referred to as “the Quebec Charter”), the relevant portion of which is set out in Article 10 as follows:


“Every person has a right to full and equal recognition and exercise of his human rights and freedoms, without distinction, exclusion or preference based on race, colour, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap”.⁴

Next, it is important to understand that the non-discrimination principle applies throughout the entire employment process. This means that everyone has a right to be treated fairly from the recruitment phase to the end of employment.⁵ This involves several important obligations for organizations in managing their human resources.

On the one hand, employers have a duty to accommodate from the moment a person is hired⁶, and for the duration of their employment. This means the employer needs to take into account the specific needs of each employee and avoid any kind of indirect discrimination.⁷ Accommodations can include, for example, adapting a workstation to allow an employee to move around in a wheelchair, or modifying certain work tools to suit their needs. Of course, accommodations must be reasonable and take into consideration certain factors such as the size of the business, the nature of the job in question, and the costs associated with the accommodation.⁸

On the other, the Quebec Charter guarantees the right to equal opportunity in the hiring process, meaning the selection process has to comply with the Charter and treat all candidates in a non-discriminatory manner.⁹ For example, an employer must not ask discriminatory questions or attempt to obtain privileged information related to the grounds listed in section 10 of the Charter (subject to the exceptions provided therein).¹⁰ In fact, every person must be able to count on a fair recruitment process and have the same chance of being hired if they meet the qualifications and skills required for the job.

Additionally, during the course of employment, employers must provide equal pay and treat all employees performing similar work in the same (nondiscriminatory) way.¹¹ However, differences in treatment based on criteria such as experience, seniority, or performance evaluations are allowed if they are applied equally to all staff members.

Finally, it goes without saying that employers must provide people with disabilities with reasonable working conditions that respect their health, safety, and physical integrity.¹²


What about the rights of persons with disabilities in other parts of Canada?
First, the right to non-discrimination in the workplace is protected under Section 15 of the Canadian Charter of Rights and Freedoms¹³, which applies across all of Canada. In addition, Canadian provinces and territories also have laws similar to the Quebec Charter to guarantee and protect the rights of persons with disabilities. For example, the province of Ontario has adopted a Human Rights Code¹⁴, whose Section 5 states that every person has the right to equal treatment in employment without discrimination, including on the basis of disability. In comparison, British Columbia has its own Human Rights Code¹⁵, which specifically states in Section 13 that an employer may not refuse a candidate, dismiss an existing employee, or treat anyone—including persons with disabilities—in a discriminatory manner.

In summary, it is important to remember that the federal government, provinces, and territories have laws in place to protect the rights of persons with disabilities and ensure fair access to the labour market. It is therefore essential for both employers and employees to understand these laws well to ensure they are properly applied.