The Ontario Human Rights Code prohibits discrimination because of disability and requires accommodation in a way that respects your dignity and privacy.
As an employee you must be able to perform the essential duties or requirements of the job, but you cannot be judged incapable of performing those duties until efforts have been made to accommodate you, up to the point of undue hardship.
An employer can only claim undue hardship if the cost of a requested accommodation is so high that the survival of the business is affected, or if they can demonstrate that health and safety requirements are negatively affected.
You are responsible to inform your employer of your accommodation needs, and to cooperate in obtaining necessary information, including medical or other expert opinions.
Your employer can request only such information as is required to make the accommodation, and should bear the cost of any required medical information or documentation.
You do not have to provide a diagnosis, but you may need a letter from a doctor or psychologist saying that you require certain accommodations because of your disability.
Some Helpful Tips about Disclosing
- Plan and schedule a meeting between yourself and the person you have decided to talk to
- Be prepared. Consider role-playing with a trusted friend to practise in advance
- Provide the person with a specific reason for the accommodation. Explain why you need it and how this would benefit the organization
- Don’t discuss your life history. Provide only as much information as the person needs to know for you to obtain the accommodation. Information discussed should be private. Stress that the information needs to remain confidential. Ask if anyone else will be given the information and for what reasons
- Make a plan and stick to it. Write an action plan on how, when, and to what extent the accommodation is to be provided
- Follow up. Request a follow-up meeting to chart the progress or adjustment that needs to be made
