Article from the Toronto Sun

Human rights laws requiring employers to accommodate disabilities of employees are very broad. This duty to accommodate is limited only by an employer’s undue hardship. Failure to provide proper accommodation can lead to a human rights complaint or litigation.

However, employers are not mind-readers. They cannot be expected to accommodate disabilities of which they are unaware. An illustration of this principle can be seen in an Ontario Court of Appeal decision released last year.

The employer — names of the employer and employee are not being used out of respect to the employee who has disabilities — terminated the employee without providing any notice or pay in lieu thereof as it treated the termination as a just cause termination. In other words the employer believed that the employee’s misconduct was so severe that it merited termination without any requirement for notice or compensation.