Disability discrimination in employment is still one of the important concerns for both physically, mentally, and sensually disabled individuals. In Canada, there are various legal protections against this kind of discrimination for employees, ensuring their right to work in an unbiased work environment. These are challenging situations to handle, but most people do not know how to face the situations and what their rights could be. This article discusses how disability discrimination might come up at work, what one should do when faced with it, and where one could seek support.
Understanding Disability Discrimination
It is defined as the practice of being treated unfairly in one’s workplace because of the existence of a person’s mental or physical disability. They may include failures of promotion, unfair performance evaluation, exclusion from certain opportunities relating to work. The Canadian Human Rights Act and many more provincial human rights codes speak clearly against discrimination because of disability. It is the duty and responsibility of every employer to accommodate employees with disabilities to carry out their duties without any unneeded barriers. The individual needs to realize that this is not only a clear hostility or bias but can involve subtle actions that disadvantage those with disabilities.
Know Your Rights Under Canadian Law
In Canada, protection for workers against discrimination due to a disability has both federal and provincial legal roots. The Canadian Human Rights Act covers workers in federally regulated industries such as federal government workers, banking, telecommunications, and transportation. All other employees fall under provincial or territorial human rights codes. These acts require employers to accommodate people with disabilities up to a point of undue hardship-to mean that if a person’s disability is inhibiting them from doing certain tasks, it must be accommodated through hours of work, specialized equipment, and the like. This does not have to happen if undue hardship can be demonstrated.
Legal Representation
If internal mechanisms do not work, there will probably be a need for some external help. Consult a lawyer who focuses on either disability law or employment law. A disability lawyer will be able to clarify all your options and advise the best way to proceed. A lawyer will be able to explain all of the legal protections available for you and possibly assist you in filing a formal complaint with the Canadian Human Rights Commission or your provincial human rights tribunal. A lawyer can also help you, in some cases, to claim damages due to the discrimination; these include lost wages and emotional distress. Involvement by a lawyer may seem like quite a serious step. Yet, it is considered a necessary one if you believe that your rights are violated and the situation has not been resolved internally.
Identifying Discrimination on Disability in Employment
Disability discrimination is manifested in many ways and at times can be hard to pinpoint. Some common examples may be denial of reasonable accommodation, exclusion from training or meetings, or a hostile work environment because of disability. Subtle forms of discrimination involve assigning tasks of a lesser level than one’s capabilities and subjecting the individual to excessive scrutiny for a reason of their disability. Apart from that, the employees might get bullied or stereotyped by other employees or bosses who may not understand or empathize with their condition. It is worth noting that disability discrimination doesn’t have to be intentional to be harmful; it may be a product of ignorance, lack of awareness, or simply failure to address the needs of the disabled workers.
Initial Steps to Address the Issue
This could involve documenting behaviors or events at work that you perceive to be disability-based discriminatory. Record detailed incidents regarding dates, times, and potential individuals involved in situations regarding the complaint. The importance of this is that you have something on record that constitutes some kind of proof. Make sure you document any and all conversations you may have when this accommodation is requested-even if it was a “no”. Also, be sure to document your conversations or any pertinent e-mails. After the gathering of information, directly talking to your employer or the HR representative would be the course of action taken. Most often, open communication solves many problems. This may have been a problem with which the employer was unfamiliar, and a ready solution is at hand.
Contacting Human Resources or a Supervisor
If direct communication cannot resolve the issue, or if the action is particularly egregious in nature, then one may need to take the matter to the next level. Normally, the step to take is to involve your employer’s human resources department. HR departments are trained to deal with complaints of discrimination and may act as a liaison, ensuring the workplace is kept compliant with legal obligations. Where not available, or in cases involving higher management, one may need to look to a supervisor or union representative, if available. It is always wise to remain calm and composed; clearly explain the case of discrimination you are in, and how it has incapacitated you in carrying out your duties.
Human Rights Complaint
If it cannot be resolved internally, the formal process is to file a human rights complaint. Federally regulated employees can make a complaint to the Canadian Human Rights Commission. The Commission will investigate and determine whether a breach of the Canadian Human Rights Act has occurred. Other employees would file their complaints with their respective provincial or territorial human rights commissions. These bodies are competent to handle discrimination complaints and may probe further whether probable evidence supports it. Filing a complaint can be time-consuming; however, this is an avenue of legal recourse when people need to know their rights have been violated.
Mind Your Mental and Emotional Well-being
Disability discrimination at workplaces can be mentally and emotionally wearing. The stressors associated with discrimination have the potential to spill over into your work and even your general disposition. Protecting your mental health through this process is imperative, which can be via supportive family and friends for advice, or even a professional such as a therapist who may provide emotional advice. Many find reaching out to support and advocacy organizations that are specialists in people with disabilities very supportive in the workplace. These organizations can give counseling, resources, and even lawyer referrals if needed. Having a support structure will see you through the emotional turmoil caused by workplace discrimination.
Workplace discrimination on grounds of disability is quite a serious issue that may affect employees either in lost opportunities or emotional distress. Some of the ways you can work toward resolving this issue and seeing that your rights are upheld include knowing your legal rights, keeping a record of events, and taking steps in the right direction. Though it is often difficult to navigate, there are legal protections for individuals with disabilities in these situations, and there is support each step of the way. In the case of an internal approach or seeking legal advice, the employee should be empowered to take a stand that will lead to an inclusive and respectful workplace.
Joshua White is a passionate and experienced website article writer with a keen eye for detail and a knack for crafting engaging content. With a background in journalism and digital marketing, Joshua brings a unique perspective to his writing, ensuring that each piece resonates with readers. His dedication to delivering high-quality, informative, and captivating articles has earned him a reputation for excellence in the industry. When he’s not writing, Joshua enjoys exploring new topics and staying up-to-date with the latest trends in content creation.
