Can You Be Fired for Mental Health Issues in Ontario?
What Is World Mental Health Day?
October 10 marks World Mental Health Day, a day where we can come together to educate and support those struggling with mental health issues. Our work lives and performance are not exempt from the impacts of mental health problems. In a society where stigma is still rife, it is not surprising that many may not want to disclose their struggles at work. Workers often wonder: can you be fired for mental health issues in Ontario?
The Ontario Human Rights Code protects workers from discrimination in employment, including termination on the basis of protected grounds. Disability is one of the protected grounds, and mental health disabilities fall under this umbrella. This includes depression, anxiety, post-traumatic stress disorder, and so on. Importantly, even if the mental health issue is only part of the justification used for termination, it does not matter; it is discriminatory and can lead to damages owing to the affected worker.
What Accommodations Can Employers Provide for Mental Health Issues?
Employers have a duty to accommodate employees with mental health issues to the point of undue hardship. Many accommodations can be made with little cost and difficulty to the employer, such as modified job duties or a more flexible work schedule. Employers, however, are not permitted to try to diagnose your illness or second-guess your disability.
It is important to keep in mind that the accommodation process is a two-way street. The affected employee should disclose any mental health diagnoses they might have and participate with the employer in fashioning an appropriate and tailored accommodation plan. As the condition and necessary accommodations change, this should be communicated regularly to maintain a healthy working relationship.
What Should You Do If You Feel Discriminated Against Due to Mental Health Issues?
Despite the progress made so far, many people within our society are still fighting the lingering impacts of mental health stigma. If you feel that the termination of your employment may have been due to your mental health issues, even if just in part, or you are still unclear if you can be fired for mental health issues in Ontario, you should reach out to Whitten & Lublin Employment Lawyers to speak with an experienced employment lawyer online or by phone at (416) 640-2667 today to discuss your options.
Author – Sohrab Naderi