complaint of discrimination
The three popular articles this week on HRinfodesk deal with: Whether an employee may deduct the cost of a basic cellular service plan; just cause to fire an employee for forging signatures on sick notes; and employer violation of health and safety legislation after failing to take precautions after employee complaint.
The Ontario Human Rights Code provides for a variety of prohibitions against discrimination on stated grounds, including disability. However, the Code goes on to specify “a right of a person under this code is not infringed for the reason only that the person is incapable of performing or fulfilling the essential duties or requirements attending the exercise of the right because of disability”. Reading through the legalese, what this means is that it is not a prohibited act of discrimination to deny an employee a job for the reasons that his disability prevents him from performing that job. However, the Code goes on to provide that a person cannot be found incapable of performing the duties of his position if it is possible for the employer to accommodate his particular needs “without undue hardship”.