In matters of labour law, what are employers’ responsibilities toward people with disabilities in Quebec, and what distinctions must be made between the public and private sectors in this regard?
In labour law, every policy, process, or decision is based on the principle of non-discrimination. Indeed, every person has the right to be treated fairly, without distinction, exclusion, or preference. This principle promotes a more tolerant, just, and inclusive society in a context where organizations face the challenges posed by labour shortages. Nevertheless, for many people with disabilities, job hunting can be quite a challenge, especially when employers are unaware of their responsibilities in this area. In the following sections, we will provide an overview of these responsibilities. We will then address the main distinctions to be made between the public and private sectors.¹

First, the Charter of Human Rights and Freedoms² (hereinafter “the Charter”) guarantees people with disabilities the right to be treated equally and without discrimination in the workplace.³ More specifically, the law does not allow an employer to discriminate against people with disabilities at any stage of the employment process, including recruitment, training, probation, changes to working conditions, and through to the end of employment of the person in question.⁴  In addition, the employer must grant equal salary or wages to the members of his personnel who perform equivalent work.⁵ Employees are also entitled to fair and reasonable conditions of employment which have proper regard for health, safety and physical well-being.⁶ Thus, with regard to people with disabilities, employers must not only ensure that a fair hiring process is implemented, but also make the necessary accommodations to include and reasonably support these individuals throughout their employment.

To complement the legal framework applicable to people with disabilities, Quebec has also enacted the Act respecting equal access to employment in public bodies⁷ and the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration⁸.

For employers in the public sector, the Act respecting equal access to employment in public bodies imposes an additional obligation. Organizations in certain specified sectors covered by this law, and that have more than 100 employees, must develop an Equal Access to Employment Program. This program aims to increase the representation of people from various groups, including, among others, people with disabilities.

In the private sector, this obligation does not apply to employers.⁹ However, businesses and organizations with more than 100 employees that receive a government contract or subsidy of $100,000 or more from the Quebec government must complete a form entitled Contractual Obligation Program – Employment Equity.¹⁰ This program aims to ensure fair representation in the workplace and to eliminate potentially discriminatory practices.¹¹

Furthermore, it is important to note that the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration established the Office des personnes handicapées du Québec (OPHQ). This is a government organization whose mission is to support and advise people with disabilities in order to improve their social participation, notably their integration into the workforce. Both employers and employees may contact the Office to obtain support and guidance in better understanding their rights and responsibilities. The Office also offers support programs or grants to help employers fulfill their responsibilities toward people with disabilities.

In conclusion, it is important to remember that both public- and private-sector employers are required to treat all employees fairly and equitably. This obligation, which begins at the hiring stage and continues through to the end of employment, must be based solely on merit and competency, without regard to the person’s condition.