Terminating an employee with a disability

The onus is on the employer to prove the termination was not even remotely connected to the worker’s disability
By Stuart Rudner
|CHRR, Report on Employment Law|Last Updated: 10/11/2005

Many employers are afraid of terminating an employee with a disability, even where they have just cause to do so.

Employers are well advised to proceed with caution because the termination of an employee with a disability is likely to be subject to even greater scrutiny than the average termination. It is easy to run afoul of human rights legislation designed to protect employees with disabilities.

There is an important distinction to be drawn between terminating an employee because of a disability and terminating an employee with a disability. The former is a breach of human rights legislation unless the reason for termination is a bona fide occupational requirement.